Gehl V Canada

Author: Lynn Gehl

Publisher:

ISBN:

Category:

Page: 288

View: 662

How the Gehl decision advanced indigenous rights in Canada A follow-up to her successful Claiming Anishinaabe, Lynn Gehl's latest book, Gehl v Canada, is the documentation of the Indigenous woman's 34-year fight to change Canada's Indian Act regarding unknown and unstated paternity, a harmful, colonial policy that has adversely affected generations of Indigenous women. It is also the celebration of Gehl's tenacious, brave advocacy for Indigenous women and children in the face of colonial oppression. The paternity policy of the Indian Act required individuals claiming Status to demonstrate the lineage of both parents. Harmful to Indigenous mothers and children, and imposing a high evidentiary burden on Indigenous people claiming Status, it was overturned on April 20, 2017, in what is now known as the Gehl decision. Using Indigenous methods of first-person experience, embodied knowledge, emotional knowledge, observation, reading, writing, role-modelling, learning by doing, repetition, introspection, and storytelling, Gehl shares the journey to her court victory.
Social Science

Men, Masculinity, and the Indian Act

Author: Martin J. Cannon

Publisher: UBC Press

ISBN:

Category: Social Science

Page: 192

View: 681

Canada’s Indian Act is infamously sexist. Many iterations of the legislation conferred a woman’s status rights through marriage, and even once it was amended First Nations women could not necessarily pass their status on to their descendants. What has that injustice meant for First Nations men? Martin J. Cannon challenges a decades-long assumption that the act has affected Indigenous people as either “women” or “Indians” – but not both. He argues that sexism and racialization within the law must instead be understood as interlocking forms of discrimination that disrupt gender complementarity and undercut the identities of Indigenous men through their female forebears.
Law

Beyond Blood

Author: Pamela D. Palmater

Publisher: UBC Press

ISBN:

Category: Law

Page: 280

View: 311

The current Status criteria of the Indian Act contains descent-based rules akin to blood quantum that are particularly discriminatory against women and their descendants, which author Pamela Palmater argues will lead to the extinguishment of First Nations as legal and constitutional entities. Beginning with an historic overview of legislative enactments defining Indian status and their impact on First Nations, the author examines contemporary court rulings dealing with Indigenous identity, Aboriginal rights, and the Canadian Charter of Rights and Freedoms. Palmater also examines band membership codes to determine if their reliance on status criteria perpetuates discrimination. She offers changes for determining Indigenous identity and citizenship and argues that First Nations must determine citizenship themselves.
Social Science

Warrior Life

Author: Pamela Palmater

Publisher: Fernwood Publishing

ISBN:

Category: Social Science

Page: 288

View: 841

In a moment where unlawful pipelines are built on Indigenous territories, the RCMP make illegal arrests of land defenders on unceded lands, and anti-Indigenous racism permeates on social media; the government lie that is reconciliation is exposed. Renowned lawyer, author, speaker and activist, Pamela Palmater returns to wade through media headlines and government propaganda and get to heart of key issues lost in the noise. Warrior Life: Indigenous Resistance and Resurgence is the second collection of writings by Palmater. In keeping with her previous works, numerous op-eds, media commentaries, YouTube channel videos and podcasts, Palmater’s work is fiercely anti-colonial, anti-racist, and more crucial than ever before. Palmater addresses a range of Indigenous issues — empty political promises, ongoing racism, sexualized genocide, government lawlessness, and the lie that is reconciliation — and makes the complex political and legal implications accessible to the public. From one of the most important, inspiring and fearless voices in Indigenous rights, decolonization, Canadian politics, social justice, earth justice and beyond, Warrior Life is an unflinching critique of the colonial project that is Canada and a rallying cry for Indigenous peoples and allies alike to forge a path toward a decolonial future through resistance and resurgence.
Social Science

Making Space for Indigenous Feminism, 2nd Edition

Author: Joyce Green

Publisher: Fernwood Publishing

ISBN:

Category: Social Science

Page: 353

View: 928

The first edition of Making Space for Indigenous Feminism proposed that Indigenous feminism was a valid and indeed essential theoretical and activist position, and introduced a roster of important Indigenous feminist contributors. This new edition builds on the success and research of the first and provides updated and new chapters that cover a wide range of some of the most important issues facing Indigenous peoples today: violence against women, recovery of Indigenous self-determination, racism, misogyny and decolonization. Specifically, new chapters deal with Indigenous resurgence, feminism amongst the Sami and in Aboriginal Australia, neoliberal restructuring in Oaxaca, Canada’s settler racism and sexism, and missing and murdered Indigenous women and girls in Canada. Written by Indigenous feminists and allies, this book provides a powerful and original intellectual and political contribution demonstrating that feminism has much to offer Indigenous women, and all Indigenous peoples, in their struggles against oppression.
Law

The Status of Religion and the Public Benefit in Charity Law

Author: Barry W. Bussey

Publisher: Anthem Press

ISBN:

Category: Law

Page: 282

View: 176

'The Status of Religion and the Public Benefit in Charity Law' is an apologetic for maintaining the presumption of public benefit for the charitable category ‘advancement of religion’ in democratic countries within the English common law tradition. In response to growing academic and political pressure to reform charity law – including recurring calls to remove tax exemptions granted to religious charities – the scholars in this volume analyse the implications of legislative and legal developments in Canada, the UK, Australia, New Zealand and South Africa. In the process, they also confront more fundamental, sociological or philosophical questions on the very nature and role of religion in a secular society that would deny any space for religious communities outside their houses of worship. In other words, this book is concerned with the place of religion – and religious institutions – in contemporary society. It represents a series of concerns about the proper role of the state in relation to the differing beliefs of citizens – some of which will quite rightly manifest in actions to benefit the wider society. This debate, then, naturally engages with broader issues related to secularism, civic engagement and liberal democratic freedoms.
Law

The Inherence of Human Dignity

Author: Barry Bussey

Publisher: Anthem Press

ISBN:

Category: Law

Page: 276

View: 299

Focused on the more practical level, volume 2 seeks to understand the work dignity may do as a foundation for law, how it is related to religious liberty, and how we should adjudicate religious liberty disputes at the individual and corporate level. What is the sphere of human dignity that the law should be trying to protect? Is the role of dignity helpful as a foundational legal concept, and if so, how exactly? What is the status of religious liberty as a component of human dignity, and how is it to be balanced with other individual rights, such as freedom of expression? And finally, to what extent can the law adjudicate corporate religious claims?
History

Identity Captured by Law

Author: Sébastien Grammond

Publisher: McGill-Queen's Press - MQUP

ISBN:

Category: History

Page: 252

View: 117

How the law decides who the members of minority groups are while avoiding discrimination and respecting self-determination.
Political Science

Restructuring Relations

Author: Rauna Kuokkanen

Publisher: Oxford University Press, USA

ISBN:

Category: Political Science

Page: 368

View: 565

Adopted in 2007, the UN Declaration on the Rights of Indigenous Peoples establishes self-determination--including free, prior, and informed consent--as a foundational right and principle. Self-determination, both individual and collective, is among the most important and pressing issues for Indigenous women worldwide. Yet Indigenous women's interests have been overlooked in the formulation of Indigenous self-government, and existing studies of Indigenous self-government largely ignore issues of gender. As such, the current literature on Indigenous governance conceals patriarchal structures and power that create barriers for women to resources and participation in Indigenous societies. Drawing on Indigenous and feminist political and legal theory--as well as extensive participant interviews in Canada, Greenland, and Scandinavia-- this book argues that the current rights discourse and focus on Indigenous-state relations is too limited in scope to convey the full meaning of "self-determination" for Indigenous peoples. The book conceptualizes self-determination as a foundational value informed by the norm of integrity and suggests that Indigenous self-determination cannot be achieved without restructuring all relations of domination nor can it be secured in the absence of gender justice. As a foundational value, self-determination seeks to restructure all relations of domination, not only hegemonic relations with the state. Importantly, it challenges the opposition between "self-determination" and "gender" created and maintained by international law, Indigenous political discourse, and Indigenous institutions. Restructuring relations of domination further entails examining the gender regimes present in existing Indigenous self-government institutions, interrogating the relationship between Indigenous self-determination and gender violence, and considering future visions of Indigenous self-determination, such as rematriation of Indigenous governance and an independent statehood.
Law

State Neutrality

Author: Kerry O'Halloran

Publisher: Cambridge University Press

ISBN:

Category: Law

Page: 350

View: 292

O'Halloran provides a comparative evaluation of contemporary law as it relates to religion in six developed nations.