White Noise

Treaty Myths with Dr Luke Fitzmaurice-Brown

For this episode of White Noise we found some time during our travels in Aotearoa teaching the subject Indigenous Law in Aotearoa and Australia to connect with Dr Luke Fitzmaurice-Brown to talk about Te Tiriti o Waitangi. This conversation was recorded on the lands of Te Atiawa in Te Whanganui a Tara (Wellington) and produced on Wurundjeri Country, in Naarm, Victoria. We pay our respects to the elders, past and present, of these Countries. We are privileged to witness this conversation about First Nations justice on unceded Indigenous lands.   Our guest on this episode is ⁠Dr Luke Fitzmaurice-Brown⁠ [https://people.wgtn.ac.nz/luke.fitzmaurice], Senior Lecturer at Victoria University of Wellington Te Herenga Waka Law School. The White Noise podcast is a production of the Indigenous Law and Justice Hub at the University of Melbourne. You can find out more about us on our website [https://law.unimelb.edu.au/iljh], or by following us on Instagram. [https://www.instagram.com/indigenouslawandjusticehub]   The White Noise podcast is hosted and executive produced by Jaynaya Dwyer, [https://law.unimelb.edu.au/about/staff/jaynaya-dwyer] Lecturer at the Indigenous Law and Justice Hub.   The soundtrack, White Noise, is written and performed by John Wayne (Yuggerabul Meriam Le) [https://artist-bookings.com/indigenous-artists/john-wayne], with accompaniment on guitar by Cisco. We are grateful to John Wayne for lending his voice to this program. Our sincere to the staff of the MLS Digital Studio, Greta Robenstone for the production of this podcast. Thanks also to James Griew, Research Assistant at the Hub. A full transcript of this episode is available here [https://law.unimelb.edu.au/iljh/resources/white-noise-of-settler-law-justice-talks].   Feedback To send feedback on this episode or to make inquiries about the White Noise podcast please contact mls-indigenous@unimelb.edu.au [mls-indigenous@unimelb.edu.au]   Quick glossary Loose translations of te reo Māori terms for those unfamiliar and seeking guidance to follow along this conversation:  Hikoi – a communal walk or march Kingitanga – Māori King movement  Kohanga reo – Māori immersion early childhood centres Kotahitanga – literally meaning unity Te Reo Māori – Māori language Te Tiriti o Waitangi – The treaty between Crown and Māori signed in 1840. Te Tiriti is used to refer to the te reo Māori language text of the treaty. Tino rangatiratanga - sovereignty, self-determination, autonomy Whakapapa - ancestry, genealogy, descent   More information on the episode You can learn more about the themes discussed in this episode through the following resources: * Luke shares public education information on Te Tiriti via Instagram @DrLukeFitzmauriceBrown [https://www.instagram.com/drlukefitzmauricebrown/] For information on recent political developments around Te Tiriti see the three-part series in The Spinoff:   * ‘Undoing years of progress’: How the Treaty Principles Bill breaches te Tiriti [https://thespinoff.co.nz/atea/04-09-2024/undoing-years-of-progress-how-the-treaty-principles-bill-breaches-te-tiriti] (4 September 2024) * Division and social disorder’: The Waitangi Tribunal on the Treaty Principles Bill [https://thespinoff.co.nz/atea/03-09-2024/division-and-social-disorder-the-waitangi-tribunal-on-the-treaty-principles-bill] (3 September 2024) * Understanding the Waitangi Tribunal’s report on the Treaty Principles Bill [https://thespinoff.co.nz/atea/02-09-2024/understanding-the-waitangi-tribunals-report-on-the-treaty-principles-bill] (2 September 2024) * We also discussed the following of Luke’s work:  * Luke Fitzmaurice-Brown, ‘A Treaty Breach ‘born of Hostility to the Promise itself’: Tamariki, Whānau and Te Tiriti’ in M Turei Stanton, N Wheen and J Haywar Te Tiriti o Waitangi Relationships: People, Politics and Law  (Bridget Williams Books, 2024) * Luke Fitzmaurice-Brown and Maria Bargh, Stepping Up: Covid-19 Checkpoints and Rangatiratanga (Huia Publishers, 2021) * Luke Fitzmaurice-Brown, ‘Section 7AA is worth fighting for, but we must remember its not rangatiratanga’ Māori Law Review

Achieving a cognitive shift with Sir Justice Joe Williams

It is a privilege to share this conversation with Sir Justice Joe Williams, of the Supreme Court of New Zealand. Justice Joe’s iwi are Ngati Pūkenga, Waitaha and Tapuika, from the east coast of the north island of Aotearoa.   This podcast was recorded on Wurundjeri Country at the Melbourne Law School.   The White Noise podcast is a production of the Indigenous Law and Justice Hub [https://law.unimelb.edu.au/iljh] at the University of Melbourne. We share stories of First Nations excellence in Law and Justice.   The White Noise podcast is hosted and produced by Jaynaya Dwyer, Lecturer at the Indigenous Law and Justice Hub.   The soundtrack, White Noise, is written and performed by John Wayne Parsons (Yuggerabul Meriam Le). We are grateful to John Wayne for lending his voice to this program.   Our sincere to the staff of the MLS Digital Studio for the production of this podcast:  * Greta Robenstone – audio production * James Griew – research assistance Download a full transcript of this episode on our website [https://law.unimelb.edu.au/iljh/resources/white-noise-of-settler-law-justice-talks].   Feedback To send feedback on this episode or to make inquiries about the White Noise podcast please contact mls-indigenous@unimelb.edu.au [mls-indigenous@unimelb.edu.au].   More information on the episode This podcast was recorded during Justice William’s visit to Melbourne to give the Caldwell Lecture titled Mā te ture anō te ture e āki (The Law must look itself in the mirror). You can view the lecture here. [https://law.unimelb.edu.au/iljh/resources/videos/2023/m-te-ture-an-te-ture-e-ki-the-law-must-look-itself-in-the-mirror]   You can learn more about the themes discussed in this episode through the following of Justice William’s publications and speeches:   * Tapuwae Roa, The Hon Justice Sir Joe Williams – National Māori in Governance Summit [https://www.youtube.com/watch?v=DMVSciqNnFk] (Youtube, 31 March 2023). * Joe Williams, ‘The Harkness Henry Lecture- Lex Aotaroa: An Heroic Attempt to Map the Māori Dimension of New Zealand Law [https://www.courtsofnz.govt.nz/assets/7-Publications/1-Speeches-and-papers/hj1jh.pdf]’ 2013 (21)1 Waikato Law Review 1. * Justice Joe Williams presenting at the Constitutional Kōrero conference. The University of Auckland, ‘The Constitutional Kōrero 2022- Day 1 Session 1’ [https://www.youtube.com/watch?v=tDT8fC9UtLM] (Youtube, 11 May 2023).  * Justice Joe Willliams, “Decolonizing the Law in Aotearoa: Can we start with the Law schools?” [https://www.nzlii.org/nz/journals/OtaLawRw/2021/1.html] 2021 (17)1 Otago Law Review.   In this conversation we discussed the following judgements of the Supreme Court of New Zealand: * Peter Hugh McGregor Ellis v The King SC 49/2019 – 7 October 2022 * Takamore v Clarke [2012] NZSC 1 16 – 18 December 2012

Building treaty relationships with Professor John Borrows and Michael Johnston

In this episode of the White Noise podcast we speak with Professor John Borrows and Michael Johnston, Anishinaabe lawyers and scholars visiting from Canada. In this conversation we discuss relations between Indigenous peoples and other parties through treaty relations, including thinking about Indigenous law and University institutions. The Indigenous Law and Justice Hub is based at Melbourne Law School, within the University of Melbourne. You can find out more about us on our website [https://law.unimelb.edu.au/iljh], or by following us on Instagram. [https://www.instagram.com/indigenouslawandjusticehub] The White Noise podcast is hosted by Jaynaya Dwyer, [https://law.unimelb.edu.au/about/staff/jaynaya-dwyer] Lecturer at the Indigenous Law and Justice Hub. The soundtrack, White Noise, is written and performed by John Wayne (Yuggerabul Meriam Le) [https://artist-bookings.com/indigenous-artists/john-wayne], with guitar by Cisco. We are grateful to these musicians for lending his voice to this program. We are honoured to be joined by our guests, who generously shared their wisdom: * Professor John Borrows [https://www.uvic.ca/law/facultystaff/facultydirectory/borrows.php] * Michael Johnston [https://www.law.utoronto.ca/faculty-staff/staff/michael-johnston] Our sincere to Greta Robenstone and James Griew for their work on the production of this podcast. A full transcript of this episode is available here. [https://law.unimelb.edu.au/iljh/resources/white-noise-of-settler-law-justice-talks]  You can learn more about the themes discussed in this episode through the following resources: We discussed the following selection of Professor John Borrows’ work: * John Borrows, ‘Making meaning: Indigenous legal education and student action’ (2022) 67(4) McGill Law Journal 493. * John Borrows and Kent McNeil (eds) Voicing Identity: Cultural Appropriation and Indigenous Issues (University of Toronto Press, 2022) * John Borrows, Larry Chartrand, Oonagh E Fitzgerald and Rise Schwartz (eds) Braiding Legal Orders: Implementing the United Nations Declaration on the Rights of Indigenous Peoples (McGill-Queen’s University Press, 2019) * Michael Asch, John Borrows and James Tully (eds) Resurgence and Reconciliation: Indigenous-Settler Relations and Earth Teachings (University of Toronto Press, 2018) * John Borrows, Recovering Canada: The Resurgence of Indigenous Law (University of Toronto Press, 2002) In our conversation we referred to the words of the powerful Māori constitutional thinker Moana Jackson, that ‘treaties aren’t meant to be settled, they’re meant to be honoured.’ You can read the full interview this quote is from, ‘Moana Jackson: I’m absolutely sure transformation is coming’ on e-tangata [https://e-tangata.co.nz/korero/moana-jackson-im-absolutely-sure-transformation-is-coming/].   You can learn more about the joint degree in common law and Indigenous legal orders that Professor Borrows and Professor Val Napoleon have established via the University of Victoria Law website. [https://www.uvic.ca/law/admissions/jidadmissions/jid-courses.php]   In this conversation we spoke about the United Nations Declaration on the Rights of Indigenous peoples, passed by resolution of the United Nations General Assembly in 2007. Read the UNDRIP here. [https://www.un.org/development/desa/indigenouspeoples/wp-content/uploads/sites/19/2018/11/UNDRIP_E_web.pdf] We also spoke about the Canadian Truth and Reconciliation Commission’s final report, delivered in 2015. You can read the report here. [https://www.rcaanc-cirnac.gc.ca/eng/1450124405592/1529106060525#chp2]

Education, future orientation, and theories of change with Professor Eve Tuck

For this episode of White Noise we are pleased to welcome writer, researcher and educator Professor Eve Tuck. Professor Tuck is an Unangax̂ woman. Her work focuses on collaborative Indigenous research, Indigenous feminisms, and land education. This episode is a recorded of a live seminar where Eddie and Eve explore working towards Indigenous aspirations from within the academy, through research, teaching and organising.   This conversation was recorded and edited on Wurundjeri Country, in Naarm. We are privileged to witness this conversation about First Nations justice on unceded Aboriginal lands. The live event with Professor Tuck took place at Melbourne Law School in October 2023.   The White Noise podcast is a production of the Indigenous Law and Justice Hub at the University of Melbourne. You can find out more about us on our website [https://law.unimelb.edu.au/iljh], or by following us on Instagram. [https://www.instagram.com/indigenouslawandjusticehub]   This episode is hosted by Dr Eddie Cubillo (Larrakia, Wadjigan and Central Arrente). This podcast is researched and hosted by Jaynaya Dwyer, [https://law.unimelb.edu.au/about/staff/jaynaya-dwyer] Lecturer at the Indigenous Law and Justice Hub.   The soundtrack, White Noise, is written and performed by John Wayne (Yuggerabul Meriam Le) [https://artist-bookings.com/indigenous-artists/john-wayne]. We are grateful to John Wayne for lending his voice to this project.   Our sincere to the staff of the MLS digital studio for producing this episode: A full transcript of this episode is available here.   Feedback To send feedback on this episode or to make inquiries about the White Noise podcast please contact mls-indigenous@unimelb.edu.au [mls-indigenous@unimelb.edu.au]   More information on the episode   For more information about Professor Tuck’s work you can visit her website [https://www.evetuck.com/], or the website of the Tkaronto CIRCLE Lab [https://www.tkarontocirclelab.com/].   Professor Tuck discusses her work on the Collaborative Indigenous Research Digital Garden [https://www.collaborativeindigenousresearch.com/], which profiles and brings into conversation participatory and Indigenous research projects.   Professor Tuck speaks about the Henceforward [https://www.thehenceforward.com/story], a podcast created in collaboration with graduate students examining settler colonialism and antiblackness as entwined historical and contemporary social structures.   Professor Tuck and Dr Cubillo also discuss the following of the Professor’s publications: ·      Eve Tuck, ‘Biting the University that feeds us’ in Marc Spooner and James McNinch (eds) Dissident Knowledge in Higher Education (University of Regina Press, 2018) 149. ·      Eve Tuck and K. Wayne Yang, ‘Decolonization is Not a Metaphor [https://www.evetuck.com/s/Tuck-Yang_Decolonization-is-not-a-metaphor-2012.pdf]’ (2012) 1 (1) Decolonization: Indigeneity, Education and Society, 1. ·      Eve Tuck, Haliehana Stepetin, Rebecca Beaulne-Stuebing and Jo Billows Visiting as an Indigenous feminist practice [https://www.tandfonline.com/doi/full/10.1080/09540253.2022.2078796] (2023) 35(2) Gender and Education, 144. ·      Eve Tuck, Karanja Keita Carroll and Michael D. Smith. ‘About us and not about us: Theorizing student resistance to learning about race and racism from underrepresented faculty’ [https://academicworks.cuny.edu/cgi/viewcontent.cgi?article=2200&context=bb_pubs] (2010) 14(2) Journal of the International Society of Teacher Education, 70.   Professor Tuck refers to the work of the following writers:   ·       Mikki Kendall [https://mikkikendall.com/about/], the author of Hood Feminism: notes from the women that a movement forgot (2020). ·      Professor Saidiya Hartman’s work on empathy ·      Scott Richard Lyons work, particularly the X Mark; Native Signatures of Assent (2010)   If you are interested in more conversations about the 2023 referendum on a Voice to Parliament we recommend episode seven of White Noise, an anthology of the Hub’s collaborators called ‘ The Referendum Special: How are we feeling about the vote on the Voice?’ [https://law.unimelb.edu.au/iljh/resources/white-noise-of-settler-law-justice-talks/white-noise-podcast/episode-7-the-referendum-special-how-are-we-feeling-about-the-vote-on-the-voice]

The Referendum Special: How are we feeling about the Vote on the Voice?

In this special episode of the White Noise podcast, we meet a week away from the referendum on a Voice to Parliament. It’s a time capsule as to how we are feeling – its also a treasure trove of insights from leading First Nations campaigners and supporters as to the context in which we are campaigning for a Voice and what messages hit home. We share messaging tips, Insights from education sessions about what people find particularly confusing, reflections on past representative bodies, and more. The White Noise podcast is a production of the Indigenous Law and Justice Hub at the University of Melbourne. You can find out more about us on our website [https://law.unimelb.edu.au/iljh], or by following us on Instagram. [https://www.instagram.com/indigenouslawandjusticehub]   A full transcript of this episode is available here.   Feedback To send feedback on this episode or to make inquiries about the White Noise podcast please contact mls-indigenous@unimelb.edu.au [mls-indigenous@unimelb.edu.au]   Acknowledgement and thanks This episode was produced on Wurundjeri Country. We pay respect to elders past and present and acknowledge the ongoing role of law and legal education in settler-colonialism on this land.   Many thanks to Greta Robenstone and Ben Chandler at the MLS Digital Studio for their work producing this episode. The White Noise soundtrack is by John Wayne Parsons. Many thanks to John-Wayne for lending his Voice to this project. Special thanks to the many people who joined us on this episode: ·     Tony McAvoy, Senior Council ·     Janine Mohamed, CEO of Lowitja Institute ·     Justin McCaul, PhD Candidate ·     Associate Professor Sana Nakata, Principal Research Fellow at the Centre for Indigenous Education and Research ·     Rueben Berg, Co-Chair First Peoples’ Assembly of Victoria ·     Professor Eve Tuck, Canada Research Chair ·     Mick Gooda, Referendum Council ·     Geoff Scott, Uluru Statement from the Heart ·     Tarneen Onus-Browne, Australian Progress ·     Kaitlin Jempson , Naarm Law Students on Voice ·     Niamh Whitford, Naarm Law Students on Voice ·     Josie Mortimer, Naarm Law Students on Voice ·     Mackenzie- Jane Stephan, Naarm Law Students on Voice   For More Information Learn more from Naarm Law Students on Voice on their Instagram, [https://www.instagram.com/naarmlawstudentsonvoice/] and watch the full 20 minute presentation [https://vimeo.com/871327210/3594b86938?share=copy&fbclid=PAAaYXcoy_Mj7NDfKAXL0DRneJpL5y6GJEvxrRgxQmWYiUqQ391AErjhxcJO0_aem_AUujYp77s9yo7d24Qa6u6_RR5CqFWGblBLNY3EWxDO7Di4V2qzuKudT_-IoU4_1nfdo] on the Voice.   For information about where and how to vote visit the Australian Electoral Commission website. [https://www.aec.gov.au/referendums/?gclid=Cj0KCQjwpompBhDZARIsAFD_Fp8S4a-_t5wNzzTHMHYxVgZauRW54kEkOnrurnDTK17SphZDIZUFx2kaAhgREALw_wcB&gclsrc=aw.ds] For more campaigning tips visit Passing the Message stick Website. [https://passingthemessagestick.org/]   To hear more from Associate Professor Sana Nakata on the Voice and democracy read Sana Nakata and Daniel Bray recent correspondence in the Quartlerly Essay [https://www.quarterlyessay.com.au/correspondence/correspondence-sana-nakata-daniel-bray]. To hear more from Tarneen Onus Browne on the Voice read  The Voice Debate is an act of Violence. But I’m still voting yes [https://www.crikey.com.au/2023/10/03/voice-to-parliament-referendum-tarneen-onus-williams-voting-yes/] in Crikey.   Places to seek support This theme raises some ideas which may cause feelings of discomfort or even distress for some listeners in the context of the current political climate. If you would like to seek support from a trained professional you can contact the following resources: