Troubling the Path to Decolonization
Indian Residential School Case Law, Genocide, and Settler Illegitimacy1
Bibliographic Data
| ID | 8076571 |
|---|---|
| Authors | Leslie Thielen-Wilson (Nipissing University, corresponding author) |
| Year | 2014 |
| Volume | 29 |
| Issue | 02 |
| Pages | 181-197 |
| Publication date | 2014-07-18 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Canadian Journal of Law and Society / Revue Canadienne Droit et Société (JOURNAL) |
| Journal identifiers | ISSN: 0829-3201 • E-ISSN: 1911-0227 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.1017/cls.2014.4 |
| OpenAlex | W2085813874 |
| Language | EN |
| Citations received | 12 |
| References cited | 10 |
In this paper, I argue that Indian Residential School (IRS) litigation, and the emphasis on “cultural loss” or genocide, threatened to expose the illegitimacy of Canada’s claim to sovereignty and the settler collective’s occupancy of Indigenous lands today. When settler illegitimacy is brought into view, settler collectives typically respond with violence. In IRS case law, this violence consists of the dehumanization of the Indigenous collective as property. I trace this violence on the part of Canada (government and law) in Blackwater v Plint (1996–2005). I suggest that Canada’s “disturbing defence strategy” in Blackwater likely contributed to Canada’s signing of the 2006–2007 IRS settlement agreement that brought Baxter v Canada to a close. I conclude that settler illegitimacy, genocide, and law’s racialized violence in the present ought to trouble the settler collective’s vision of both decolonization and the role of settler law in decolonization
Colonialism · Criminology · Decolonization · Genocide · Indigenous · Political science · Politics · Settlement (finance · Sociology · Sovereignty · Anthropological Studies and Insights · Asian Geopolitics and Ethnography · Indigenous Health, Education, and Rights · Law
Historical Research at the Truth and Reconciliation Commission of Canada
Clarifying the Past
Perspectives from the Ground
Killing Them Softly
Impermanent Apologies
Settler Witnessing at the Truth and Reconciliation Commission of Canada
The train from Dunvegan
Sortir de la violence
Places of Justice? Representations of Law in Canadian Court Museums
The Structural Injustice Turn, the Historical Justice Dilemma and Assigning Responsibility with the Canadian TRC Report
Indigenous Women's Resistance of Colonial Policies, Practices, and Reproductive Coercion
Templates and exclusions
Race, Space, and the Law
Black Skin, White Masks
Indigenizing Agamben
The Wretched of the Earth
Culture and the Judiciary
Settler colonialism and the elimination of the native
Subjects of Empire
Settler Collective, Founding Violence and Disavowal
The Political Theory of Possessive Individualism
Culture Loss and Crumbling Skulls
| Unique citing works | 12 |
|---|---|
| Citations per year | 1,09 |
| Citation span | 2015 - 2022 (8) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 11 |