Luna and the Departed Ancestor: A Case Study of Animal Embodiment, Non-violent Resistance, and Indigenous Rights in Canada

• Main Author: Wauthier-Paspuleti, Samantha
• Format: Text
• Language: unknown
• Published: Scholarship at UWindsor 2024
• Subjects: ['United Nations Declaration on the Rights of Indigenous Peoples (https://www.un.org/development/desa/indigenouspeoples/declaration-on-the-rights-of-indigenous-peoples.html)']; Canada; Orca
• Online Access: https://scholar.uwindsor.ca/uwilldiscover/2023/2023/24

In 2004 the Canadian Government evoked the Marine Mammal Regulations of Canada to attempt capture of Luna, a juvenile orca whale in Nootka Sound, British Colombia. The Government argued that the relocation of the orca was necessary for both the animal's survival and for the health of the community. For members of the Mowachaht/ Muchalaht First Nation, however, capturing Luna would constitute an unlawful attempt to remove a group member from their native waters and signify an outright infringement on indigenous group rights. On the expected day of capture, conflict ensued as representatives of the Canadian Government were met on open water by members of the Mowachaht/ Muchalaht First Nation in their traditional canoes. After four days, the Canadian Government withdrew from Nootka Sound, while Luna remained free to roam the waters within the Mowachaht/ Muchalaht First Nation. This paper explores the politics of this conflict, and demonstrates how indigenous identity politics and displays of tradition enabled the Mowachaht/ Muchalaht First Nation to resist efforts by the Canadian Government to undermine Indigenous rights in Canada. My research ultimately concludes by arguing for reform to the Marine Mammal Regulations of Canada to better address the specific needs, wants, and desires of Indigenous communities in Canada.