Escolar Documentos
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Partricia Monture
DR. MONTURE, PATRICIA ANNE It is with great sadness that Patricia's family shares the news of the loss of their strong and courageous mother. She passed on Wednesday, November 17. Patricia was only 52 years old and a full Professor in the Department of Sociology at the University of Saskatchewan and academic coordinator of the Aboriginal Justice and Criminology Program. Patricia Monture is Mohawk from the Six Nations Grand River Territory. She will be remembered as a passionate Haudenosaunee mother, lawyer, activist, educator, writer and scholar. She was also a good friend and a passionate warrior.
http://www.fngovernance.org/challenge /index.htm
the nature of gender relations. Many were Matrilineal in nature and in some cases only women could appoint (vote) for leaders. (Haudenosaunee Confederacy). Women and Men had different roles, but neither gender was devalued. Many Indigenous societies held to a social structure of gendered complimentarity.
Aboriginal women it is closer to 3 out of 10. Some Aboriginal communities have internalized differential treatment against women to the point that they argue that such treatment is a traditional custom of their community. (Sawridge)
incorporated into Indian Affairs policy. Enfranchisment provisions introduced whereby an Indian women who married a non-Indian man lost her status (including children of marriage) Victimization due to racial/sexual stereotypes
of Aboriginal womens discrimination in Canada, you have a formula for devastating levels of Aboriginal womens marginalization and abuse.
Contemporary Circumstances
Aboriginal people much less likely to be part of the
paid workforce. 41% of Aboriginal women were part of the paid workforce versus 53% of non-Aboriginal women and 66% of non-Aboriginal men. Aboriginal women much more likely to be single parents. 32% of Aboriginal children (twice the rate of non-Aboriginal children, 16%) were in single parent homes. Aboriginal women account for 23% of female inmates.
survey 35% of Aboriginal People reported being a victim of crime compared to 26% of nonAboriginal people. Aboriginal people are 3 times more likely to be victims of violent crime compared to nonAboriginal people.
General Characteristics
Aboriginal victimization disproportionately affects
vulnerable groups within Aboriginal communities: women, children and those with disabilities. Aboriginal offenders tend to victimize within their own communities and the majority of victims know the offender. Even in urban centers, the majority of Aboriginal victims of crime reported they were victimized by an Aboriginal offender (59% of such incidences
Normalization of Violence Studies have found that for some Aboriginal people, heightened violence and abuse is common place and viewed as normal. In some communities, domestic violence and sexual abuse is so prevalent that it has become an accepted part of life.
This leads to whole communities experiencing transgenerational cycles of abuse as children exposed to such violence in turn become the abusers or passive victims.
Under-reporting of victimization a serious concern. However, rates of under-reporting may be higher in Aboriginal communities than non-Aboriginal communities
In one study, 74% of victims of family violence in
urban centers did not report such incidents. Reasons for this include:
Lack of confidence in the ability of agencies or community leaders to stop violence. Fear of being charged for their own use of drugs/alcohol. Fear of criticism or alienation from community or family members. Fear of the consequences of using a racist system of justice that over-polices and incarcerates Aboriginal men.
120,000-150,000 offences each year (the great majority against Aboriginal women and children).
spousal violence (54% versus 37% of non-Aboriginal women) When the effects of all other factors are controlled, Aboriginal peoples are still three times more likely to experience violence
Domestic Violence
Domestic violence against Aboriginal women is three times higher than nonAboriginal women.
Chart 3: Risk of Spousal Violence
30% 25% 20% 15% 10% 5% 0% Non-Aboriginal Women Aboriginal Women
Percentage of women who experienced violence by a current or former spouse in past 5 years.
some Aboriginal communities, rates of sexual assault and domestic violence are epidemic. For example in one study 75% of Aboriginal girls (under 18) reported being sexually abused. Another study found that 80% of girls under the age of 8 had been victims of sexual abuse.
Sisters in Spirit
http://vodpod.com/watch/989273-missing-aboriginal-
women-sisters-in-spirit?pod=womennewsnetwork
Matrimonial Property
The Supreme Court of Canada held in Derickson v Derickson that the matrimonial property provisions of the Family Relations Act are laws of general application which must be read down as they apply to the core of federal power dealing with the possession of reserve lands unless saved by s.88. (@ 745) However, the division of matrimonial property provisions concerning land conflict with provisions of the Indian Act dealing with Certificates of Possession and therefore are not saved by s.88. (@ 750)
An Act respecting family homes situated on First Nation reserves and matrimonial interests or rights in or to structures and lands situated on those reserves.
http://www.ainc-inac.gc.ca/ai/mr/nr/m-a2010/23385-
Impact of s. 12(1)(b)
Gender discrimination
Loss of Identity (notwithstanding the disconnect
between the Indian Act definition of Indian and identity based on cultural affinity and ethnicity). Loss of benefits Loss of ability to maintain culture and community connection.
own communities and Aboriginal organizations to changing the Indian Act. Why?
distinguish Drybones?
Justice Laskin, for the minority, wrote a strong and very critical dissent holding that the Bill did render s.12(1)(b) inoperative.
What counter arguments did he raise?
international image. Note the distinction between status and identity made by the tribunal.
The relationship between Indian status and Identity is a
complex matrix of historical, social, economic, psychological and legal factors. (@ 780)
Bill C-31
Provided for the reinstatement of women and children that lost status.
Provides for Bands to determine Band membership subject to certain limitations such as requiring certain categories of reinstated status Indians to be band members (mainly women who lost status under 12(1) (b) cant be excluded from
Persons entitled to be registered 6. (1) Subject to section 7, a person is entitled to be registered if (a) that person was registered or entitled to be registered immediately prior to April 17, 1985; (b) that person is a member of a body of persons that has been declared by the Governor in Council on or after April 17, 1985 to be a band for the purposes of this Act; (c) the name of that person was omitted or deleted from the Indian Register, or from a band list prior to September 4, 1951, under subparagraph 12(1)(a)(iv), paragraph 12(1)(b) or subsection 12(2) or under subparagraph 12(1)(a)(iii) pursuant to an order made under subsection 109(2), as each provision read immediately prior to April 17, 1985, or under any former provision of this Act relating to the same subject-matter as any of those provisions; (d) the name of that person was omitted or deleted from the Indian Register, or from a band list prior to September 4, 1951, under subparagraph 12(1)(a)(iii) pursuant to an order made under subsection 109(1), as each provision read immediately prior to April 17, 1985, or under any former provision of this Act relating to the same subject-matter as any of those provisions; (e) the name of that person was omitted or deleted from the Indian Register, or from a band list prior to September 4, 1951, (i) under section 13, as it read immediately prior to September 4, 1951, or under any former provision of this Act relating to the same subject-matter as that section, or (ii) under section 111, as it read immediately prior to July 1, 1920, or under any former provision of this Act relating to the same subject-matter as that section; or (f) that person is a person both of whose parents are or, if no longer living, were at the time of death entitled to be registered under this section. Idem (2) Subject to section 7, a person is entitled to be registered if that person is a person one of whose parents is or, if no longer living, was at the time of death entitled to be registered under subsection (1). ... Persons not entitled to be registered 7. (1) The following persons are not entitled to be registered: (a) a person who was registered under paragraph 11(1)(f), as it read immediately prior to April 17, 1985, or under any former provision of this Act relating to the same subject-matter as that paragraph, and whose name was subsequently omitted or deleted from the Indian Register under this Act; or (b) a person who is the child of a person who was registered or entitled to be registered under paragraph 11(1)(f), as it read immediately prior to April 17, 1985, or under any former provision of this Act relating to the same subject-matter as that paragraph, and is also the child of a person who is not entitled to be registered. ...
on application and band membership. However, a women who regains status under s. 6(2) will not be able to pass on their status to her grandchildren under certain circumstances but a man under s. 6(2) can.
Continuing Discrimination
Impact of the second generation cut-off rule on
McIvor
B.C. Court of Appeal held that the gender
discrimination inherent in the status provisions s. 6(1)(a) and s. 6(1)c) of the Indian Act, are null and void as violating s. 15 of the Charter as of April 6, 2010. Decided the issue on very narrow grounds.
Bill C-3
http://www2.parl.gc.ca/HousePublications/Publicatio
n.aspx?DocId=4340270&Language=e&Mode=1&File=3 0
One way to address the residual residual remaining
discrimination is to deem a s.6(1)(c)(c.1) derivative s.6(2) Indian a s.6(1)(a) Indian under a new s. 6(1)(c)(c.2) provision.
Judicial Bias
Few judges are so blatant in their animosity towards
the recognition of special rights for Indigenous peoples as Justice Muldoon. Is it racist for Aboriginal people to have legal rights, polices and benefits that other Canadians do not have or cant access?
A Final Message
Although I teach a course about applying the
doctrine of Aboriginal rights and title as it is currently understood, I have done so with the greatest of hesitation because of a growing critical perspective of the jurisprudence surrounding this field of law and the fact that by uncritically applying Aboriginal rights doctrine I am indirectly supporting an inequitable legal regime. I have often assumed, for the purposes of this course, that the current state of the law regarding Aboriginal rights and title in Canada is legitimate, even though I know it not to be. Please dont forget this.
The End
Thank you for a very enjoyable class!
Have a wonderful holiday season!