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: Article in Journal/Newspaper
Language:English
Published: MDPI AG 2021
Subjects:
child protection
Indigenous
First Nations
Indigenous Canada
colonialism
cultural genocide
droit
scipo
Canada
inuit
Online Access:https://doi.org/10.3390/laws10030059
https://doaj.org/article/22f48369eb0549298159829b10604f24
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spelling fttriple:oai:gotriple.eu:oai:doaj.org/article:22f48369eb0549298159829b10604f24 2023-05-15T16:14:56+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 2021-07-01 https://doi.org/10.3390/laws10030059 https://doaj.org/article/22f48369eb0549298159829b10604f24 en eng MDPI AG doi:10.3390/laws10030059 2075-471X https://doaj.org/article/22f48369eb0549298159829b10604f24 undefined Laws, Vol 10, Iss 59, p 59 (2021) child protection Indigenous First Nations Indigenous Canada colonialism cultural genocide droit scipo Journal Article https://vocabularies.coar-repositories.org/resource_types/c_6501/ 2021 fttriple https://doi.org/10.3390/laws10030059 2023-01-22T19:36:26Z 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. Article in Journal/Newspaper First Nations inuit Unknown Canada Laws 10 3 59
institution Open Polar
collection Unknown
op_collection_id fttriple
language English
topic child protection
Indigenous
First Nations
Indigenous Canada
colonialism
cultural genocide
droit
scipo
spellingShingle child protection
Indigenous
First Nations
Indigenous Canada
colonialism
cultural genocide
droit
scipo
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
droit
scipo
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 Article in Journal/Newspaper
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 MDPI AG
publishDate 2021
url https://doi.org/10.3390/laws10030059
https://doaj.org/article/22f48369eb0549298159829b10604f24
geographic Canada
geographic_facet Canada
genre First Nations
inuit
genre_facet First Nations
inuit
op_source Laws, Vol 10, Iss 59, p 59 (2021)
op_relation doi:10.3390/laws10030059
2075-471X
https://doaj.org/article/22f48369eb0549298159829b10604f24
op_rights undefined
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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