Unsettling Anthropocentric Legal Systems: Reconciliation, Indigenous Laws, and Animal Personhood

This paper argues that interspecies justice is integral to rising decolonizing nationalist ‘reconciliation’ efforts in Canada and that such an interspecies perspective on reconciliation carries a significant promise for developing a new legal subjectivity for animals in settler colonial law to change the conditions of the lives of animals materially. I demonstrate that the personhood ascribed to animals in numerous Indigenous legal orders in Canada, as well as underlying non-anthropocentric worldviews where animals are not considered inferior to humans but are to be regarded as kin, should stimulate a new legal conversation in Canadian law about who/what animals are and the legal subjectivity and regard they merit among all those committed to reconciliation. Indigenous legal orders offer animal advocates a new and potentially transformative legal argument as to why the continued legal classification of animals as a property in Canadian law is exploitative and incompatible with a dominant legal order seeking to foster genuine reconciliation. Notwithstanding the residual anthropocentric elements of Indigenous worldviews promoting ‘respectful’ or ‘reciprocal’ relations with animals, and how such elements might be co-opted by settler society, this new reconciliation-originating animal-friendly argument has the potential, if adopted, to alter the material conditions of lives of many animals, most notably in intensive agriculture.