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Uncertain accommodation : aboriginal identity and group rights in the Supreme Court of Canada
\"In 1982, Canada formally recognized Aboriginal rights within its Constitution. The move reflected a consensus that states should and could use group rights to protect and accommodate subnational groups within their borders. Decades later, however, no one is happy. This state of affairs, Panagos argues, is rooted in a failure to define what aboriginality means, which has led to the promotion and protection of a single vision of aboriginality--that of the justices of the Supreme Court. He concludes that there can be no justice so long as the state continues to safeguard a set of values and interests defined by non-Aboriginal people.\"-- Provided by publisher.
Book
Aboriginal justice and the Charter : realizing a culturally sensitive interpretation of legal rights
This book explores the tension between Aboriginal justice methods and the Canadian Charter of Rights and Freedoms, while searching for practical ways to implement Aboriginal justice.
eBook
Therapeutic Nations
Self-determination is on the agenda of Indigenous peoples all over the world. This analysis by an Indigenous feminist scholar challenges the United Nations-based human rights agendas and colonial theory that until now have shaped Indigenous models of self-determination. Gender inequality and gender violence, Dian Million argues, are critically important elements in the process of self-determination.Million contends that nation-state relations are influenced by a theory of trauma ascendant with the rise of neoliberalism. Such use of trauma theory regarding human rights corresponds to a therapeutic narrative by Western governments negotiating with Indigenous nations as they seek self-determination.Focusing on Canada and drawing comparisons with the United States and Australia, Million brings a genealogical understanding of trauma against a historical filter. Illustrating how Indigenous people are positioned differently in Canada, Australia, and the United States in their articulation of trauma, the author particularly addresses the violence against women as a language within a greater politic. The book introduces an Indigenous feminist critique of this violence against the medicalized framework of addressing trauma and looks to the larger goals of decolonization. Noting the influence of humanitarian psychiatry, Million goes on to confront the implications of simply dismissing Indigenous healing and storytelling traditions.Therapeutic Nationsis the first book to demonstrate affect and trauma's wide-ranging historical origins in an Indigenous setting, offering insights into community healing programs. The author's theoretical sophistication and original research make the book relevant across a range of disciplines as it challenges key concepts of American Indian and Indigenous studies.
eBook
The Neoliberal State, Recognition and Indigenous Rights
The impact of neoliberal governance on indigenous peoples in liberal settler states may be both enabling and constraining. This book is distinctive in drawing comparisons between three such states—Australia, Canada and New Zealand. In a series of empirically grounded, interpretive micro-studies, it draws out a shared policy coherence, but also exposes idiosyncrasies in the operational dynamics of neoliberal governance both within each state and between them. Read together as a collection, these studies broaden the debate about and the analysis of contemporary government policy.The individual studies reveal the forms of actually existing neoliberalism that are variegated by historical, geographical and legal contexts and complex state arrangements. At the same time, they present examples of a more nuanced agential, bottom-up indigenous governmentality. Focusing on intense and complex matters of social policy rather than on resource development and land rights, they demonstrate how indigenous actors engage in trying to govern various fields of activity by acting on the conduct and contexts of everyday neoliberal life, and also on the conduct of state and corporate actors.
eBook
From where I stand : rebuilding Indigenous Nations for a stronger Canada
\"From Where I Stand is a timely, forthright, and optimistic book for all Canadians. Drawn from speeches made over a ten-year period both at home and abroad, Jody Wilson-Raybould reveals why true reconciliation will occur only when Canada moves beyond denial, recognizes Indigenous Rights, and replaces the Indian Act. We have the solutions. Now is the time to end the legacy of colonialism and replace it with a future built on foundations of trust, cooperation, and Indigenous self-government.\"-- Provided by publisher.
Book
Red Skin, White Masks
Over the past forty years, recognition has become the dominant mode of negotiation and decolonization between the nation-state and Indigenous nations in North America. The term \"recognition\" shapes debates over Indigenous cultural distinctiveness, Indigenous rights to land and self-government, and Indigenous peoples' right to benefit from the development of their lands and resources.
In a work of critically engaged political theory, Glen Sean Coulthard challenges recognition as a method of organizing difference and identity in liberal politics, questioning the assumption that contemporary difference and past histories of destructive colonialism between the state and Indigenous peoples can be reconciled through a process of acknowledgment. Beyond this, Coulthard examines an alternative politics-one that seeks to revalue, reconstruct, and redeploy Indigenous cultural practices based on self-recognition rather than on seeking appreciation from the very agents of colonialism.
Coulthard demonstrates how a \"place-based\" modification of Karl Marx's theory of \"primitive accumulation\" throws light on Indigenous-state relations in settler-colonial contexts and how Frantz Fanon's critique of colonial recognition shows that this relationship reproduces itself over time. This framework strengthens his exploration of the ways that the politics of recognition has come to serve the interests of settler-colonial power.
In addressing the core tenets of Indigenous resistance movements, like Red Power and Idle No More, Coulthard offers fresh insights into the politics of active decolonization.
eBook
Settler Empire and the United States: Francis Lieber on the Laws of War
Histories of political science and of the laws of war identify the nineteenth-century scholar Francis Lieber as their modern founder. His 1863 General Orders 100 codified the modern laws of war, internationalizing his political thought. Yet, relatively unremarked is that Lieber wrote his foundational texts during U.S. settler colonization, which he justified in whole. I argue that GO100 facilitated settler colonial violence by defining modern war as a public war, arrogating it to sovereign states; distinguishing revenge from retaliation, attributing revenge to the “savage”; and elevating a certain racialized/gendered governance, ascribing it to the Cis-Caucasian race. Producing Native peoples and Native wars as lacking in the proper characteristics of sovereign belligerency resulted in a subordination of status and a legitimation of exterminatory tactics that were subsequently universalized and (re)internationalized through GO100’s determinative influence on the laws of war. Tracing GO100 further exposes the founding of the discipline in Native peoples’ dispossession and extermination.
Journal Article