The Colonial Problem: An Aboriginal Perspective on Crime and Injustice in Canada: An Indigenous Perspective on Crime and Injustice in Canada

Description

Indigenous peoples are vastly overrepresented in the Canadian criminal justice system. The Canadian government has framed this disproportionate victimization and criminalization as being an "Indian problem." In The Colonial Problem, Lisa Monchalin challenges the myth of the "Indian problem" and encourages readers to view the crimes and injustices affecting Indigenous peoples from a more culturally aware position. She analyzes the consequences of assimilation policies, dishonoured treaty agreements, manipulative legislation, and systematic racism, arguing that the overrepresentation of Indigenous peoples in the Canadian criminal justice system is not an Indian problem but a colonial one. Contents Illustrations Acknowledgements Note to Instructors Teaching Material that Challenges In the Classroom Introduction and purpose: Understanding and Reducing Injustice 1. Introduction to Indigenous Peoples in Canada By Way of a Definition: Who Is Indigenous Canadian Definitions of Indigenous Peoples How Many Indigenous Peoples Are in Canada? Debunking Stereotypes and Assumptions 2. Introduction to an Indigenous Perspective: Ideology and Teachings Indigenous World Views Walking the Red Road: Following “Traditional” Teachings Elders Circular Thinking Knowledge Creation and Interpretation Teachings The Smudging Ceremony Protocols and Learning More 3. Indigenous Governance and Methods of Addressing Crime Turtle Island Traditional Governance and Governance Structures The Haudenosaunee Great Law of Peace Clan Systems Traditional Methods of Addressing Crime 4. Historical and Contemporary Colonialism Doctrines of Discovery and Conquest The Underpinnings of the Rights of Property Colonialism Orientalism Contemporary Colonialism White Privilege 5. Canadian Legal History: The Interpretation of Indigenous Treaties and Rights Treaty Overview The Royal Proclamation of 1763 The Treaty of Niagara of 1764 An Organized Takeover: The Conspiracy of Legislation The Numbered Treaties 6. Indigenous Peoples and the State: Legal Manipulation and Indian Legislation “Indian Reserves,” “Indian Agents,” and the “Indian Pass System” The Origins and Development of Indian Legislation The Philosophy and Intent of the Indian Act Defining “Indians” out of Existence and the System of Enfran Chief and Band Council Structure: The Prohibition of Hereditary Leadership and an Assault on Indigenous Lands “Indian”-Specific Liquor Laws and Regulating Pool Hall Entry Outlawing “Indian” Culture, Dancing, and Ceremonies Scrap the Act?: The White and Red Papers 7. The Impact of Assimilation: Residential Schools and Intergenerational Trauma The Davin Report Residential Schools Genocide Legal Challenges, Residential School Settlement Agreements, and Apologies Intergenerational Legacies and Trauma 8. Crime Affecting Indigenous Peoples: Over-Representation, Explanations, and Risk Factors The Criminalization of Indigenous Peoples The Victimization of Indigenous Peoples Resilience and Risk Factors Indigenous Peoples: Young and Growing The Cycle of Crime Affecting Indigenous Peoples 9. Violence Affecting Indigenous Women: Struggle, Sexualization, and Subjugation The Challenge: Violence Affecting Indigenous Women Traditional Indigenous Societies’ Treatment of Women: Valued, Honoured, and Respected Euro-Canadian Treatment of Indigenous Women: “Rapable” Sexual Objects Popular Culture Depictions: The Sexualization of Indigenous Women The National Crisis of Missing and Murdered Indigenous Women The Highway of Tears and Abuse and Fear in Northern British Columbia Missing and Murdered Women in Downtown Eastside Vancouver Calls for a National Public Inquiry 10. The Real Criminals: Governments and Their Corporate Priorities and Failed Agreements Constitutional Rights Recognition Aboriginal Rights: The Sparrow Decision and the Van der Peet Trilogy Aboriginal Title: The Delgamuukw Decision Treaty Interpretation: The Sioui and Marshall Decisions The Crown’s Fiduciary Duty: Haida Nation, Taku River Tlingit First Nation, Mikisew Cree, and Little Salmon/Carmacks First Nation Decisions Recent Aboriginal Title Decisions: Tsilhqot’n Nation and Grassy Narrows First Nation Non-recognition of Aboriginal Rights, Title, and Self-Determination Non-recognition of Indigenous Lands and Protection of Sacred Burial Grounds The Resource Development Agenda Trumps Treaty Relationships Bill C-45 and the Idle No More Movement 11. Modern Agreements and Land Claims: The Government’s Desire for “Economic Certainty” Land Claims: Specific Claims and Comprehensive Claims Breaking the First “Modern Treaty”: The James Bay and Northern Québec Agreement Land Claims in British Columbia: The Government’s Self-Serving Agenda The Tsawwassen Final Agreement 12. Euro-Canadian “Justice” Systems and Traditional Indigenous Justice Western Justice and Indigenous Justice Starlight Tours: Police Brutality against Indigenous Peoples Policing: Indigenization, Low Credibility, and Over- and Under-Policing The Court System: Tinkering with Laws, Gladue Reports, and Courts The Correctional System: Indigenization and Traditional Healing in Prisons Cultural Misunderstanding within the Canadian Criminal Justice System The Restorative Justice Movement Traditional Approaches Incorporated into Non-traditional Social Structures Indigenous Traditions Reinvented in the Context of Colonization 13.Moving Forward: Lighting the Eighth Fire The Seven Fires Prophecy The Royal Commission on Aboriginal Peoples: Considering and Implementing Recommendations The United Nations Declaration on the Rights of Indigenous Peoples Decolonization, Reconciliation, and Resurgence Decolonization in Practice: Artists Reversing the Gaze, Creating Conversation, and Reawakening Spirits Returning to the Teachings: Traditional Practices and Healing Indigenous-Specific Prevention Programming The Aboriginal Justice Strategy Indigenous-Specific Education Supports and Programming Indigenous Community-Based Organizations: Offering Programs by and for Indigenous Peoples Community Champions: Inspiring, Educating, and Making Change Notes Index