Sustaining Cultural Genocide—A Look at Indigenous Children in Non-Indigenous Placement and the Place of Judicial Decision Making—A Canadian Example

The Truth and Reconciliation Commission has called upon Canada to engage in a process of reconciliation with the Indigenous peoples of Canada. Child Welfare is a specific focus of their Calls to Action. In this article, we look at the methods in which discontinuing colonization means challenging leg...

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Bibliographic Details
Published in:Laws
Main Authors: Peter Choate, Roy Bear Chief, Desi Lindstrom, Brandy CrazyBull
Format: Text
Language:English
Published: Multidisciplinary Digital Publishing Institute 2021
Subjects:
child protection
Indigenous
First Nations
Indigenous Canada
colonialism
cultural genocide
Canada
inuit
Online Access:https://doi.org/10.3390/laws10030059
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spelling ftmdpi:oai:mdpi.com:/2075-471X/10/3/59/ 2023-08-20T04:06:30+02:00 Sustaining Cultural Genocide—A Look at Indigenous Children in Non-Indigenous Placement and the Place of Judicial Decision Making—A Canadian Example Peter Choate Roy Bear Chief Desi Lindstrom Brandy CrazyBull 2021-07-15 application/pdf https://doi.org/10.3390/laws10030059 EN eng Multidisciplinary Digital Publishing Institute Human Rights Issues https://dx.doi.org/10.3390/laws10030059 https://creativecommons.org/licenses/by/4.0/ Laws; Volume 10; Issue 3; Pages: 59 child protection Indigenous First Nations Indigenous Canada colonialism cultural genocide Text 2021 ftmdpi https://doi.org/10.3390/laws10030059 2023-08-01T02:11:38Z The Truth and Reconciliation Commission has called upon Canada to engage in a process of reconciliation with the Indigenous peoples of Canada. Child Welfare is a specific focus of their Calls to Action. In this article, we look at the methods in which discontinuing colonization means challenging legal precedents as well as the types of evidence presented. A prime example is the ongoing deference to the Supreme Court of Canada decision in Racine v Woods which imposes Euro-centric understandings of attachment theory, which is further entrenched through the neurobiological view of raising children. There are competing forces observed in the Ontario decision on the Sixties Scoop, Brown v Canada, which has detailed the harm inflicted when colonial focused assimilation is at the heart of child welfare practice. The carillon of change is also heard in a series of decisions from the Canadian Human Rights Tribunal in response to complaints from the First Nations Child and Family Caring Society of Canada and the Assembly of First Nations regarding systemic bias in child welfare services for First Nations children living on reserves. Canadian federal legislation Bill C-92, “An Act respecting First Nations, Inuit and Métis children, youth and families”, brings in other possible avenues of change. We offer thoughts on manners decolonization might be approached while emphasizing that there is no pan-Indigenous solution. This article has implications for other former colonial countries and their child protection systems. Text First Nations inuit MDPI Open Access Publishing Canada Laws 10 3 59
institution Open Polar
collection MDPI Open Access Publishing
op_collection_id ftmdpi
language English
topic child protection
Indigenous
First Nations
Indigenous Canada
colonialism
cultural genocide
spellingShingle child protection
Indigenous
First Nations
Indigenous Canada
colonialism
cultural genocide
Peter Choate
Roy Bear Chief
Desi Lindstrom
Brandy CrazyBull
Sustaining Cultural Genocide—A Look at Indigenous Children in Non-Indigenous Placement and the Place of Judicial Decision Making—A Canadian Example
topic_facet child protection
Indigenous
First Nations
Indigenous Canada
colonialism
cultural genocide
description The Truth and Reconciliation Commission has called upon Canada to engage in a process of reconciliation with the Indigenous peoples of Canada. Child Welfare is a specific focus of their Calls to Action. In this article, we look at the methods in which discontinuing colonization means challenging legal precedents as well as the types of evidence presented. A prime example is the ongoing deference to the Supreme Court of Canada decision in Racine v Woods which imposes Euro-centric understandings of attachment theory, which is further entrenched through the neurobiological view of raising children. There are competing forces observed in the Ontario decision on the Sixties Scoop, Brown v Canada, which has detailed the harm inflicted when colonial focused assimilation is at the heart of child welfare practice. The carillon of change is also heard in a series of decisions from the Canadian Human Rights Tribunal in response to complaints from the First Nations Child and Family Caring Society of Canada and the Assembly of First Nations regarding systemic bias in child welfare services for First Nations children living on reserves. Canadian federal legislation Bill C-92, “An Act respecting First Nations, Inuit and Métis children, youth and families”, brings in other possible avenues of change. We offer thoughts on manners decolonization might be approached while emphasizing that there is no pan-Indigenous solution. This article has implications for other former colonial countries and their child protection systems.
format Text
author Peter Choate
Roy Bear Chief
Desi Lindstrom
Brandy CrazyBull
author_facet Peter Choate
Roy Bear Chief
Desi Lindstrom
Brandy CrazyBull
author_sort Peter Choate
title Sustaining Cultural Genocide—A Look at Indigenous Children in Non-Indigenous Placement and the Place of Judicial Decision Making—A Canadian Example
title_short Sustaining Cultural Genocide—A Look at Indigenous Children in Non-Indigenous Placement and the Place of Judicial Decision Making—A Canadian Example
title_full Sustaining Cultural Genocide—A Look at Indigenous Children in Non-Indigenous Placement and the Place of Judicial Decision Making—A Canadian Example
title_fullStr Sustaining Cultural Genocide—A Look at Indigenous Children in Non-Indigenous Placement and the Place of Judicial Decision Making—A Canadian Example
title_full_unstemmed Sustaining Cultural Genocide—A Look at Indigenous Children in Non-Indigenous Placement and the Place of Judicial Decision Making—A Canadian Example
title_sort sustaining cultural genocide—a look at indigenous children in non-indigenous placement and the place of judicial decision making—a canadian example
publisher Multidisciplinary Digital Publishing Institute
publishDate 2021
url https://doi.org/10.3390/laws10030059
geographic Canada
geographic_facet Canada
genre First Nations
inuit
genre_facet First Nations
inuit
op_source Laws; Volume 10; Issue 3; Pages: 59
op_relation Human Rights Issues
https://dx.doi.org/10.3390/laws10030059
op_rights https://creativecommons.org/licenses/by/4.0/
op_doi https://doi.org/10.3390/laws10030059
container_title Laws
container_volume 10
container_issue 3
container_start_page 59
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