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Winter 2025: Indigenous Peoples

Protecting Mother Earth: Chippewa Cree Teachings and Constitutional Amendments in Addressing the Climate Crisis

Jessie Mahlon Big Knife

Summary

  • The Chippewa Cree Tribe of the Rocky Boy’s Indian Reservation is a federally recognized Indian Tribe and a preexisting sovereign.
  • Tribal nations must consider revising their constitutions to adopt fundamental protections for tribal citizens’ rights to a clean, healthy, and sustainable environment in the face of climate change.
  • Establishing and enforcing this tribal right will likely require a multifaceted approach, but any approach should be grounded in and supported by our ancestral teachings.
  • Tribal citizens are uniquely impacted by climate change so should begin the conversations about strengthening internal rights as well as informing and inspiring a wider tribal citizens' response to the climate crisis.
Protecting Mother Earth: Chippewa Cree Teachings and Constitutional Amendments in Addressing the Climate Crisis
Mimi Ditchie Photography via Getty Images

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My name is Jessie Big Knife; I am a member of the Chippewa Cree Tribe. I begin my story as many in my Tribe begin their stories—with an expression of gratitude. I am grateful to my grandparents and tribal elders for passing their stories to me; to each of you for reading this story; to the ABA Section of Environment, Energy, and Resources for focusing on the stories of Indigenous peoples; and especially to Jessica Wiles, of counsel with Hobbs, Straus, Dean & Walker, LLP, in Helena, Montana. Her thoughtful contributions and editorial assistance were invaluable in developing this article.

I also want to thank my community and the individuals involved in creating The History of the Chippewa Cree of Rocky Boy’s Indian Reservation, an invaluable resource and significant contribution to this article. I give thanks first to show respect to those that have helped me. It is a way to remember that I am dependent on others and, ultimately, on Mother Earth, not only for survival but for community, and that no story can be passed on without this.

The Chippewa Cree Tribe of the Rocky Boy’s Indian Reservation is a federally recognized Indian tribe with a constitution that was established in 1935. Chippewa Cree Const. (1935). We reside on the smallest reservation in the state of Montana, but are rich in language, culture, traditions, and history. Our two main chiefs—Chief Rocky Boy (circa unknown to 1916) of the Chippewa people and Chief Little Bear (circa 1851 to 1921) of the Cree people—are considered our founding fathers. Edward Stamper et al., The History of the Chippewa Cree of Rocky Boy’s Indian Reservation 7 (2008). Congress established the Rocky Boy’s Indian Reservation on September 7, 1916, located in the Bear Paw Mountains of northcentral Montana. S. 3646, 64th Cong. § 1 (1916). Today, we are a combination of Chippewa (also known as Ojibwe) and Cree (Nei-yahw) peoples. Our tribal members ratified our Corporate Charter on July 25, 1936, and on October 1, 1993, we entered into a compact with the U.S. government, allowing us to take over certain functions to operate our Tribe. Because of our compact, we are able to operate our programs internally.

As the Supreme Court held in Santa Clara Pueblo v. Martinez, Tribal Nations are “distinct, independent political communities, retaining their original natural rights in matters of local self-government.” 436 U.S. 49, 55 (1978). “As separate sovereigns pre-existing the Constitution, tribes have historically been regarded as unconstrained by those constitutional provisions framed specifically as limitations on federal or state authority.” Id. at 51. As such, Tribal Nations have the power to create and amend their own substantive law in internal matters (i.e., sovereignty building) and to enforce that law in their own forums.

I was raised by my grandmother, Minnie Big Knife, a first-language Cree speaker, along with all 12 of her siblings, and numerous other grandmothers and grandfathers. Of the 26 tribal elders who taught me, only my grandma Minnie Big Knife and my grandma Evelyn Big Knife are still with us today. I regarded each of these elders as my heroes, for they used storytelling to teach and pass down lessons, values, and traditional knowledge to young people in our Tribe. As a child, I was told many stories and taught many protocols. At the time, I did not understand why my grandparents were teaching me—but they must have known they did not have much time, and I am grateful for their lessons. Many of these teachings came from Minnie, often involving lessons passed down from her father, “Big Knife,” my great-grandfather.

Growing up, I also heard many stories of Chief Rocky Boy’s values and belief systems. In a way, he foreshadowed the future and shared his wisdom with the people. Though he did not live to see our reservation established, he knew we would eventually secure a homeland. Stamper et al., supra, at 17. He told us to be kind to one another and to take care of one another, yet we rarely see that type of kindness and care today. Id. at 4. Rather, in our society, including mainstream society, we have no sense of belonging, which is why I am now sharing what little I know.

My grandparents taught me to always care for my mind as it would be the key to accessing these teachings, values, and beliefs in the future. These teachings included how to interact with Mother Earth. In our Cree language, we call her “O-kahw-i-no Ah-s-ki-y,” which is like saying the “one Mother Earth of us all.” O-kahw-i-no indicates “Mother of us all” and is recognized as being something higher, like a chief. “Ah-s-ki-y” indicates earth. Mother Earth is recognized within the Cree language as a living being rather than something lifeless.

Many of our teachings were intentionally not written down but shared orally, as we believed in the power of our minds to hold and pass on this wisdom. Given that we have a written tribal constitution, we should adapt it to reflect who we are as Chippewa Cree people. With modernization, we need to start writing down some of these teachings and incorporating them into our governments to ensure they are not forgotten.

Drawing from my experience as the former attorney general for the Chippewa Cree Tribe and from working with and knowing remarkable individuals throughout my career and life, such as Brandon The Boy, Evan Thompson, LeAnn Montes, and Zane Rosette, I have come to see myself as a modern-day warrior. As a tribal attorney, I am fully devoted to advocating for sovereignty-building to the broadest extent possible for Tribal Nations. Through our values, beliefs, languages, and traditional knowledge, Tribal Nations can create robust governments and legal systems that protect not only their people and communities but also the environment and all living beings. This approach to sovereignty-building can create something pure, profound, and resilient, ensuring the well-being of our people, communities, environment, and future generations.

This is a story about how tribal governments might address the threat that climate change poses to Mother Earth through sovereignty-building. The purpose is not to provide a simple one-size-fits-all prescription, but rather to provide an example of how environmental ethics and a people’s relationship to the planet can be shared with the rest of the world to inform our larger society’s approach to the climate crisis. By sharing this example of how Tribal Nations can deploy their sovereignty, I hope to inspire others to take action.

The Reciprocal Duty

In contrast to other cultures, the Chippewa Cree Tribe recognize a reciprocal duty to protect the environment as well as enjoy it. This duty is to take care of the environment, and in return the environment will take care of us. This principle is deeply embedded in our daily life and how we interact with O-kahw-i-no Ah-s-ki-y (Mother Earth). My grandparents, including Jeanne Big Knife-Hobbs, showed me how to honor this duty with respect and reverence. She showed me the importance of harvesting certain medicines and foods only at specific times of the year to follow the natural cycles and ensure that we do not disrupt the delicate balance of the ecosystem. She emphasized the importance of following the proper protocol when harvesting medicines and foods, including giving thanks and praying to O-kahw-i-no Ah-s-ki-y, offering her gifts, such as tobacco and sometimes cloth, and even singing songs about her.

As a child, my grandma Minnie sent me outside every morning to raise my hands to the sky and say “thank you (Ki-tah-tah-mi-i-n)” to the Sun (Pi-sim) in Cree. This daily ritual was a way of showing gratitude to our natural environment. And while others marked their years by the calendar, my grandfather Sky Child taught me different wisdom: The true new year begins only when the first thunder speaks.

Vernon The Boy also shared invaluable teachings about our environment. Every summer, he would spend days, from sunrise to sundown, in the mountains. He would say that through our mountains, O-kahw-i-no Ah-s-ki-y speaks to our hearts and minds, giving us clarity. He even encouraged us to walk barefoot on the ground so that we may stay connected to her. He would also tell us that everything we ever need comes from O-kahw-i-no Ah-s-ki-y. He would always pick up trash at campsites, among other places, and remind us to clean up after ourselves. Vernon The Boy was also a great artist. His artwork depicted what he called a cleaner O-kahw-i-no Ah-s-ki-y.

Like many other Tribal Nations, our community practices etiquette like these that teach responsibility, respect, and the interconnectedness to O-kahw-i-no Ah-s-ki-y and all living things. In my community, there are also ceremonies tied to O-kahw-i-no Ah-s-ki-y that take place throughout the year during specific times and seasons. These ceremonies are used to welcome the next season as well as the next group of helpers. As Indigenous people, we are intertwined and deeply connected to O-kahw-i-no Ah-s-ki-y, and we must carry these teachings for future generations. This is why I now advocate amending our tribal constitution to incorporate protections to address climate change.

Amending the Chippewa Cree Constitution to Address Climate Change

As currently constructed, the Preamble of the Chippewa Cree Constitution states:

We, the original and adopted members of the Rocky Boy’s Band of Chippewas enrolled upon the Rocky Boy’s Reservation in the State of Montana, in order to exercise our rights to self-government, to administer all tribal affairs to the best advantage of the individual members, and to preserve and increase our tribal resources, do ordain and establish this Constitution of the Chippewa Cree Tribe of the Rocky Boy’s Reservation, Montana.

Our current tribal constitution does not sufficiently reflect the sacred values and beliefs that have guided our people. As Tribal Nations, we can more firmly establish a legal system based on our strong values and rights, not only for our members but also for the environment. I have thought for some time that our preamble should be redrafted to reflect Chief Rocky Boy’s values and teachings, and propose a revised preamble that would read as follows:

We, the Chippewa and Cree people, believe the Maker of All Things put us on our O-kahw-i-no Ah-s-ki-y to respect one another in our relationships with all things and all people. All people and all things are but different branches on the same tree. In our daily lives, we must:

  • Respect O-kahw-i-no Ah-s-ki-y and all things that live here;
  • Respect the elders, our mothers, and our sisters;
  • Love one another and help one another;
  • Pray in a good way to gain the power to help and respect one another for our differences;
  • Remember that everything created on O-kahw-i-no Ah-s-ki-y is useful, has a purpose, and was put here for a reason;
  • Remember that nothing created is to be abused;
  • Remember that all things are related and perfect as they have been created; and
  • Remember that O-kahw-i-no Ah-s-ki-y was created for everyone and everything and should not be selfishly claimed.

We believe in the uniqueness of the individual and want our children to have a deep respect for others and for those things and people who may be different. As people, we must:

  • Protect and promote the health and welfare of our people;
  • Protect and preserve our culture and traditions, including our languages;
  • Protect and preserve O-kahw-i-no Ah-s-ki-y, our land, water, and natural resources;
  • Protect the individual rights of all our members; and
  • Preserve, maintain, and exercise our rights to self-government.

By incorporating some variation of these teachings into the Preamble, we would set a clearer intent of how we are supposed to operate as Chippewa Cree people. I envision this as a compass that guides us as individuals and our tribal government. More importantly, these revisions would remind us of who we are and guide our decision-making as a government, helping us stay grounded rather than being disconnected from O-kahw-i-no Ah-s-ki-y. These values and beliefs acknowledge that there is something higher than us and that O-kahw-i-no Ah-s-ki-y is meant to be respected and not abused; that we are part of something greater than ourselves and that O-kahw-i-no Ah-s-ki-y, including our children, are our most important resources as we depend on them to carry out things for us in the future.

Through sovereignty-building, Tribal Nations can honor our ancestors’ teachings while strengthening our constitutions to better protect our people’s basic human rights. Standing at the precipice of devastating impacts from climate change, Tribal Nations must consider revising their constitutions to adopt fundamental protections for tribal citizens’ rights to a clean, healthy, and sustainable environment. Tribes must seek innovative solutions and set the stage for progressive change by looking at both the rights embedded within the constitutions of sovereigns and building on our own customary law and traditions.

Several states have already recognized environmental rights in their constitutions. For example, in the Montana Constitution, Article II, Section 3, and Article IX, Section 1, provide for a right to a clean and healthy environment. These provisions provide:

Article II, Section 3: All persons are born free and have certain inalienable rights. They include the right to a clean and healthful environment and the rights of pursuing life’s basic necessities, enjoying and defending their lives and liberties, acquiring, possessing and protecting property, and seeking their safety, health and happiness in all lawful ways. In enjoying these rights, all persons recognize corresponding responsibilities.

 

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Article IX, Section 1: (1) The state and each person shall maintain and improve a clean and healthful environment in Montana for present and future generations.

The UN General Assembly also affirmed this fundamental principle in July 2022 when it declared a clean, healthy, and sustainable environment as a human right through Resolution 76/300. The resolution challenges all “stakeholders to adopt policies, to enhance international cooperation, strengthen capacity-building and continue to share good practices in order to scale up efforts to ensure a clean, healthy and sustainable environment for all.”

Environmental rights are moving beyond mere words on paper through bold citizen activism. In 2020, this activism took historic form when 16 Montana youth aged 2 to 18, including three tribal members, filed a lawsuit challenging a provision under the Montana Environmental Policy Act (MEPA). They contested a provision that barred state agencies from considering the impacts of greenhouse gas emissions or climate change in their environmental reviews. These plaintiffs brought their challenge under a Montana constitutional provision that protects the right to a clean and healthful environment, making history as the nation’s first children’s climate trial. The district court ultimately ruled that in adopting this provision, Montana had violated the state’s constitutional guarantee to a clean and healthful environment. Held v. State of Montana, No. CDV-2020-307, 2023 Mont. Dist. LEXIS 2, at 129 (Aug. 14, 2023). The state appealed the decision to the Montana Supreme Court. In a landmark 6-1 opinion, the Montana Supreme Court upheld the district court’s ruling in late 2024. Held v. State, DA 23-0575, 2024 MT 312 (2024).

As Chippewa Cree people, we have the sovereign right to amend our constitution to reflect our Chippewa Cree founding fathers’ teachings. By doing so, we would seek to honor and respect our reciprocal relationship to O-kahw-i-no Ah-s-ki-y and allow our people to utilize our own sovereignty to address and adapt to climate change on our own terms.

With that background, in addition to revising the preamble, I would also propose adding the following article to our tribal constitution:

Article 13: O-kahw-i-no Ah-s-ki-y ekwa ka-ki-yow Wah-ko-mah-kah-nah-k (Mother Earth and all our Relations): We, the Chippewa and Cree peoples, believe that it is a fundamental right to have clean air, pure water, and a healthy environment, as well as to preserve the natural, scenic, historic, and traditional values of O-kahw-i-no Ah-s-ki-y. These rights belong to all people and all our relations, including other lifeforms, regardless of race, ethnicity, wealth, gender, or other differences. It shall be the duty of the Tribe to protect these equitable rights for the benefit of all people. The Tribe and each person shall maintain and improve a clean and healthy environment for present and future generations. We, the Chippewa and Cree peoples, recognize that we come from O-kahw-i-no Ah-s-ki-y and have a duty to preserve everything she provides.

This proposed amendment, while specifically tailored to our reservation and people, could inspire other Tribal Nations seeking to strengthen their own constitutions. Each nation can draw upon their resources, including other model language and documentary resources, as well as their elders, tribal attorneys, tribal leaders, and other experts to assist them with tailoring language to meet the needs of their tribe. O-kahw-i-no Ah-s-ki-y is important to all of us.

Moving Forward

Amending the Chippewa Cree Constitution creates a fundamental and enforceable right to a clean and healthy environment in our own unique language, empowers our people to take action, and seeks redress from our own government when our rights are harmed. Establishing and enforcing this tribal right will likely require a multifaceted approach, but any approach should be grounded in and supported by our ancestral teachings. With a multifaceted approach in mind, a constitutional amendment provides a basis for tribal code and common law development to further refine, develop, and protect environmental rights.

I have personally seen the detrimental impacts of climate change. Within the last decade, I have witnessed the decline of our sweet grass, among other medicines; the decline of our natural springs, our fish, and our wild berries; and poorer air quality. This saddens my heart, which is why I am advocating for tribes to take action to address our climate crisis.

I know it won’t be easy, but I am hopeful for all of us. I often go to the mountains of Montana. I have come to learn and believe that our mountains are the lungs of O-kahw-i-no Ah-s-ki-y. There, you can breathe the best air and drink the best water. Every time I go to the mountains, I find the strength and courage to believe that we can still protect and restore our environment, and that we can overcome the challenges we face today.

My goal extends beyond proposing a constitutional amendment—I seek to honor our sacred duty to O-kahw-i-no Ah-s-ki-y by showing how we can use tribal law to fulfill this responsibility, strengthen our people, and safeguard the environment that sustains us all. Our reciprocal responsibility to protect O-kahw-i-no Ah-s-ki-y, coupled with our right to enjoy her gifts, demands immediate action. I share my perspective as a Chippewa Cree from the Rocky Boy’s Indian Reservation, offering one way of understanding our people’s sacred relationship with O-kahw-i-no Ah-s-ki-y. My hope is that we can learn from each other and weave that understanding into the narrative of humanity’s response to climate change as we simultaneously take meaningful steps towards a more harmonious and resilient relationship with O-kahw-i-no Ah-s-ki-y.

Across Tribal Nations and at state and international levels, we see growing momentum toward protecting and sustaining our environment. I hope this article contributes to that progress by sharing a conversation and inspiring others to take action. I believe that the environmental challenges we are facing today should prompt us to come together and work together. O-kahw-i-no Ah-s-ki-y deserves our protection, and our ancestors provided us with both the foundation and the wisdom to fulfill this sacred duty.

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