James (Sákéj) Youngblood Henderson
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James (Sakej) Youngblood Henderson (born December 20, 1944) is an American
human rights Human rights are universally recognized Morality, moral principles or Social norm, norms that establish standards of human behavior and are often protected by both Municipal law, national and international laws. These rights are considered ...
lawyer, advocate, and educator.


Background

James Youngblood Henderson was born on December 20, 1944, in
Ardmore, Oklahoma Ardmore is the county seat of Carter County, Oklahoma, Carter County, Oklahoma, United States. The population was 24,725 at the time of the 2020 United States census, 2020 census, a 1.8% increase over the 2010 census figure of 24,283. The Ardmo ...
. He is
Chickasaw The Chickasaw ( ) are an Indigenous people of the Southeastern Woodlands, United States. Their traditional territory was in northern Mississippi, northwestern and northern Alabama, western Tennessee and southwestern Kentucky. Their language is ...
through his paternal grandfather, and he also claims
Cheyenne The Cheyenne ( ) are an Indigenous people of the Great Plains. The Cheyenne comprise two Native American tribes, the Só'taeo'o or Só'taétaneo'o (more commonly spelled as Suhtai or Sutaio) and the (also spelled Tsitsistas, The term for th ...
ancestry. He experienced
poverty Poverty is a state or condition in which an individual lacks the financial resources and essentials for a basic standard of living. Poverty can have diverse Biophysical environmen ...
while growing up, which prompted him to make ending poverty for all
Indigenous peoples There is no generally accepted definition of Indigenous peoples, although in the 21st century the focus has been on self-identification, cultural difference from other groups in a state, a special relationship with their traditional territ ...
a life goal.


Education

As an
undergraduate Undergraduate education is education conducted after secondary education and before postgraduate education, usually in a college or university. It typically includes all postsecondary programs up to the level of a bachelor's degree. For example, ...
student, he served as the vice-president of the American National Indian Youth Council, which prompted him to look at the Civil Rights Movement as a model for a potential Indigenous rights movement. He attended
Harvard Law School Harvard Law School (HLS) is the law school of Harvard University, a Private university, private research university in Cambridge, Massachusetts. Founded in 1817, Harvard Law School is the oldest law school in continuous operation in the United ...
, where in 1974 he became one of the first Native Americans to be awarded the
Juris Doctor A Juris Doctor, Doctor of Jurisprudence, or Doctor of Law (JD) is a graduate-entry professional degree that primarily prepares individuals to practice law. In the United States and the Philippines, it is the only qualifying law degree. Other j ...
. He married
Mi'kmaq The Mi'kmaq (also ''Mi'gmaq'', ''Lnu'', ''Mi'kmaw'' or ''Mi'gmaw''; ; , and formerly Micmac) are an Indigenous group of people of the Northeastern Woodlands, native to the areas of Canada's Atlantic Provinces, primarily Nova Scotia, New Bru ...
educator Marie Battiste and is the father of Canadian MP
Jaime Battiste Jaime Y. Battiste (born October 18, 1979) is a Canadian politician who has been a member of the House of Commons of Canada as a member of the Liberal Party since 2019. A member of the Eskasoni First Nation, he is the first Mi'kmaw member of ...
.


Work

In his first year out of Harvard Law School, Henderson completed his first major case, in which he reestablished for his father's clan several legal rights. Since then, Henderson has worked to protect Indigenous heritage and culture through legal means, working with the
Canadian government The Government of Canada (), formally His Majesty's Government (), is the body responsible for the federal administration of Canada. The term ''Government of Canada'' refers specifically to the executive, which includes ministers of the Crown ( ...
, the Mi'kmaq Nation, the
United Nations The United Nations (UN) is the Earth, global intergovernmental organization established by the signing of the Charter of the United Nations, UN Charter on 26 June 1945 with the stated purpose of maintaining international peace and internationa ...
, and other First Nation governments. Additionally, he has taught
law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the ar ...
at
Stanford University Leland Stanford Junior University, commonly referred to as Stanford University, is a Private university, private research university in Stanford, California, United States. It was founded in 1885 by railroad magnate Leland Stanford (the eighth ...
, Berkeley,
Harvard University Harvard University is a Private university, private Ivy League research university in Cambridge, Massachusetts, United States. Founded in 1636 and named for its first benefactor, the History of the Puritans in North America, Puritan clergyma ...
, and other
North America North America is a continent in the Northern Hemisphere, Northern and Western Hemisphere, Western hemispheres. North America is bordered to the north by the Arctic Ocean, to the east by the Atlantic Ocean, to the southeast by South Ameri ...
n law schools throughout his career. Henderson was brought to Canada in 1978 when his wife, Marie Battiste, was asked by the Grand Captain of the Mi'kmaq people to set up a bilingual education program in
Nova Scotia Nova Scotia is a Provinces and territories of Canada, province of Canada, located on its east coast. It is one of the three Maritime Canada, Maritime provinces and Population of Canada by province and territory, most populous province in Atlan ...
. He then began working with the Mi'kmaw Nation on drafting their land titles and representing them in their legal proceedings. Between 1978 and 1983, Henderson worked with the Mi'kmaq Nation and the Assembly of First Nations as a constitutional advisor and continued working with these groups through the constitutional process in Canada through 1993. His expertise in Indigenous legal issues lead Henderson to serve on the advisory board of the Canadian Minister of Foreign Affairs, as a member of the Sectoral Commission on Culture, Communication, and Information of the Canadian Commission for UNESCO between 2000 and 2010, and as a member of the Experts Advisory Group on International Cultural Diversity. Additionally, Henderson worked to protect Indigenous Nations' rights during the Kelowna Accord, and through the Four Directions Council, a
United Nations The United Nations (UN) is the Earth, global intergovernmental organization established by the signing of the Charter of the United Nations, UN Charter on 26 June 1945 with the stated purpose of maintaining international peace and internationa ...
Non-Governmental Organization A non-governmental organization (NGO) is an independent, typically nonprofit organization that operates outside government control, though it may get a significant percentage of its funding from government or corporate sources. NGOs often focus ...
. Throughout his career, he has helped draft and author many legal documents and other works which protect Indigenous heritage, culture, and legal rights, including the UN Declaration on the Rights of Indigenous Peoples. He wrote many books, articles, and other writings on Indigenous law. Henderson works in
Canada Canada is a country in North America. Its Provinces and territories of Canada, ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, making it the world's List of coun ...
as the Research Director of the Native Law Centre and as a professor of Indigenous law at the
University of Saskatchewan The University of Saskatchewan (U of S, or USask) is a Universities in Canada, Canadian public university, public research university, founded on March 19, 1907, and located on the east side of the South Saskatchewan River in Saskatoon, Saskatch ...
College of Law.


Awards and honors

Henderson has received several awards and honors for his proficiency in
international law International law, also known as public international law and the law of nations, is the set of Rule of law, rules, norms, Customary law, legal customs and standards that State (polity), states and other actors feel an obligation to, and generall ...
and his dedication to pursuing justice for Indigenous peoples, including an Indigenous People's Council award in 2005, a National Aboriginal Achievement Award, now the Indspire Award, for Law and Justice in 2006, and an Honorary Doctorate of Law from
Carleton University Carleton University is an English-language public university, public research university in Ottawa, Ontario, Canada. Founded in 1942 as Carleton College, the institution originally operated as a private, non-denominational evening college to se ...
in 2007. In addition, he was named a Fellow of the
Royal Society of Canada The Royal Society of Canada (RSC; , SRC), also known as the Academies of Arts, Humanities, and Sciences of Canada (French: ''Académies des arts, des lettres et des sciences du Canada''), is the senior national, bilingual council of distinguishe ...
in 2013.


Selected publications

*''Indian Statehood Reconsidered'' (1974) *''Tribal Administration of Natural Resource Development'' (1975) with Russel Lawrence Barsh *''The Road: Indian Tribes and Political Liberty'' (1982) with Russel Lawrence Barsh *''Mikmaq State Papers'' (1984) with Mik'maq Indians, Russel Lawrence Barsh, and Bernie Francis *''First Nations' Legal Inheritance'' (1991) *''The Míkmaw Concordat'' (1997) *''Aboriginal Tenure in the Constitution of Canada'' (2000) with Marjorie Lynne Benson and Isobel Findlay *''Aboriginal Jurisprudences Protects Aboriginal Heritages'' (2002) *''Treaty Rights in the Constitution of Canada'' (2007)


Notes


Further reading


James (Sakej) Youngblood Henderson
" The Banff Centre. N.p., n.d. Web. 16 Apr. 2015.
James [Sákéj
/nowiki> Youngblood Henderson">ákéj">James [Sákéj
/nowiki> Youngblood Henderson" Native Law Centre. University of Saskatchewan, n.d. Web. 16 Apr. 2015.
JAMES [SÁKÉJ
/nowiki> YOUNGBLOOD HENDERSON]." The Native Science Academy. N.p., n.d. Web. 16 Apr. 2015. 1944 births {{Webarchive, url=https://web.archive.org/web/20191028112554/http://www.usask.ca/nativelaw/staff/sakej-henderson.php , date=2019-10-28 Living people 20th-century Native American people 21st-century Native American people Chickasaw people Fellows of the Royal Society of Canada Harvard Law School alumni Human rights lawyers Indspire Awards American people of Cheyenne descent