Legislated Oppression: Racism, Patriarchy and Colonialism in the Status Provisions of the Indian Act
A Thesis Submitted to the Faculty of Graduate Studies and Research In Partial Fulfillment of the Requirements for the Degree of Master of Arts in Political Science, University of Regina. iv, 99 l. The status provisions of the Indian Act have, since its passage in 1874, endeavoured to define who is a...
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Faculty of Graduate Studies and Research, University of Regina
2012
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ftunivregina:oai:ourspace.uregina.ca:10294/3638 2023-10-09T21:51:32+02:00 Legislated Oppression: Racism, Patriarchy and Colonialism in the Status Provisions of the Indian Act Burton, Michael James Green, Joyce Juschka, Darlene Schick, Carol Dick, Caroline 2012-06 application/pdf http://hdl.handle.net/10294/3638 http://ourspace.uregina.ca/bitstream/handle/10294/3638/Burton_Michael_200224266_MA_PSCI_Fall2012.pdf en eng Faculty of Graduate Studies and Research, University of Regina http://hdl.handle.net/10294/3638 TC-SRU-3638 http://ourspace.uregina.ca/bitstream/handle/10294/3638/Burton_Michael_200224266_MA_PSCI_Fall2012.pdf Canada. Indian Act Indians of North America--Legal status laws etc.--Canada Indians of North America--Tribal citizenship--Canada Indians of North America--Civil rights--Canada Indians of North America--Canada--Social conditions Thesis 2012 ftunivregina 2023-09-16T22:16:48Z A Thesis Submitted to the Faculty of Graduate Studies and Research In Partial Fulfillment of the Requirements for the Degree of Master of Arts in Political Science, University of Regina. iv, 99 l. The status provisions of the Indian Act have, since its passage in 1874, endeavoured to define who is and who is not an Indian. The foundation of this status regime has been based on European conceptions of racial and cultural superiority as well as patriarchy. By defining, through legislation, what qualifies people to be Indian the colonial state has caused divisions within First Nations communities and among First Nations people. Through an examination of the different amendments to the status provisions and enfranchisement measures within the different iterations of the Indian Act, this paper makes the case that the current system, even following amendments in 1985 which were meant to bring the status regime in line with The Charter of Rights and Freedoms, maintains the patriarchal, racist and colonial foundation. Further examination of legal challenges to the status provisions of the Indian Act under both Canadian and international law will show that even following the 1985 amendments and the 2011 amendments, the status regime imposed via the Act remains foundationally discriminatory. Using post-colonial theory this paper defines the imposition of the status regime as racist, sexist and Eurocentric and discusses the negative effects that regime has on the colonized peoples of Canada as well as on the colonizers who impose the regime. Finally, this paper will propose a process by which the status regime can be ended and replaced by system of First Nations citizenship that is determined by First Nations, is based on customs and traditions, but also lives up to internationally accepted human rights standards. Student yes Thesis First Nations oURspace - The University of Regina's Institutional Repository Canada Indian Regina ENVELOPE(154.846,154.846,64.939,64.939) |
institution |
Open Polar |
collection |
oURspace - The University of Regina's Institutional Repository |
op_collection_id |
ftunivregina |
language |
English |
topic |
Canada. Indian Act Indians of North America--Legal status laws etc.--Canada Indians of North America--Tribal citizenship--Canada Indians of North America--Civil rights--Canada Indians of North America--Canada--Social conditions |
spellingShingle |
Canada. Indian Act Indians of North America--Legal status laws etc.--Canada Indians of North America--Tribal citizenship--Canada Indians of North America--Civil rights--Canada Indians of North America--Canada--Social conditions Burton, Michael James Legislated Oppression: Racism, Patriarchy and Colonialism in the Status Provisions of the Indian Act |
topic_facet |
Canada. Indian Act Indians of North America--Legal status laws etc.--Canada Indians of North America--Tribal citizenship--Canada Indians of North America--Civil rights--Canada Indians of North America--Canada--Social conditions |
description |
A Thesis Submitted to the Faculty of Graduate Studies and Research In Partial Fulfillment of the Requirements for the Degree of Master of Arts in Political Science, University of Regina. iv, 99 l. The status provisions of the Indian Act have, since its passage in 1874, endeavoured to define who is and who is not an Indian. The foundation of this status regime has been based on European conceptions of racial and cultural superiority as well as patriarchy. By defining, through legislation, what qualifies people to be Indian the colonial state has caused divisions within First Nations communities and among First Nations people. Through an examination of the different amendments to the status provisions and enfranchisement measures within the different iterations of the Indian Act, this paper makes the case that the current system, even following amendments in 1985 which were meant to bring the status regime in line with The Charter of Rights and Freedoms, maintains the patriarchal, racist and colonial foundation. Further examination of legal challenges to the status provisions of the Indian Act under both Canadian and international law will show that even following the 1985 amendments and the 2011 amendments, the status regime imposed via the Act remains foundationally discriminatory. Using post-colonial theory this paper defines the imposition of the status regime as racist, sexist and Eurocentric and discusses the negative effects that regime has on the colonized peoples of Canada as well as on the colonizers who impose the regime. Finally, this paper will propose a process by which the status regime can be ended and replaced by system of First Nations citizenship that is determined by First Nations, is based on customs and traditions, but also lives up to internationally accepted human rights standards. Student yes |
author2 |
Green, Joyce Juschka, Darlene Schick, Carol Dick, Caroline |
format |
Thesis |
author |
Burton, Michael James |
author_facet |
Burton, Michael James |
author_sort |
Burton, Michael James |
title |
Legislated Oppression: Racism, Patriarchy and Colonialism in the Status Provisions of the Indian Act |
title_short |
Legislated Oppression: Racism, Patriarchy and Colonialism in the Status Provisions of the Indian Act |
title_full |
Legislated Oppression: Racism, Patriarchy and Colonialism in the Status Provisions of the Indian Act |
title_fullStr |
Legislated Oppression: Racism, Patriarchy and Colonialism in the Status Provisions of the Indian Act |
title_full_unstemmed |
Legislated Oppression: Racism, Patriarchy and Colonialism in the Status Provisions of the Indian Act |
title_sort |
legislated oppression: racism, patriarchy and colonialism in the status provisions of the indian act |
publisher |
Faculty of Graduate Studies and Research, University of Regina |
publishDate |
2012 |
url |
http://hdl.handle.net/10294/3638 http://ourspace.uregina.ca/bitstream/handle/10294/3638/Burton_Michael_200224266_MA_PSCI_Fall2012.pdf |
long_lat |
ENVELOPE(154.846,154.846,64.939,64.939) |
geographic |
Canada Indian Regina |
geographic_facet |
Canada Indian Regina |
genre |
First Nations |
genre_facet |
First Nations |
op_relation |
http://hdl.handle.net/10294/3638 TC-SRU-3638 http://ourspace.uregina.ca/bitstream/handle/10294/3638/Burton_Michael_200224266_MA_PSCI_Fall2012.pdf |
_version_ |
1779314651629092864 |