This thesis makes the legal argument that certain histories of aboriginal child removals in Canada and Australia, that is, the residential school experience in Canada, and the program of child institutionalization in Australia, meet the definition of 'genocide' in Article II of the Convention on the Prevention and Punishment of the Crime of Genocide. My primary focus is on that Convention's requirement that an act be committed with an "intent to destroy a group". My first concern in formulating legal argument around the Convention's intent requirement is to offer a theory of the legal subject implicit in legal liberalism. Legal liberalism privileges the individual, and individual responsibility, in order to underscore its founding premises of freedom and equality. The intentionality of the subject in this framework is a function of the individual, and not the wider cultural and historical conditions in which the subject exists. Using a historical socio-legal approach, I attempt to develop a framework of legal subjectivity and legal intent which reveals rather than suppresses the cultural forces at work in the production of an intent to genocide. Having reacquainted the subject with the universe beyond the individual, I move on with the first limb of my legal argument around intent in the Genocide Convention to address the systemic means through which child removal policy was developed and enforced. In this, I confront two difficulties: firstly, the difficulty of locating in any single person an intent to commit, and hence responsibility for, genocide; and secondly, the corresponding difficulty of finding that a system intended an action in the legal sense. I respond to both of these difficulties by arguing for a notion of legal subjectivity which comprehends organisations, and correspondingly a notion of intent which is responsive (both on an individual and an organisational level) to systematically instituted crimes such as genocide. The second limb of my argument around intent confronts the defence of benevolent intent. In this defence, enforcers of child removals rely on a genuine belief in the benevolence of the 'civilising' project they were engaged in, so that there can be no intent to destroy a group. I reveal the cultural processes at work to produce the profound disjunction between aboriginal and settler subjectivities, especially as those subjectivities crystallize around the removal of aboriginal children. I locate this disjunction in the twin imperatives of colonial culture, those of oppression and legitimation. I argue that colonial culture exacts a justification for oppression, and that aboriginal people have been "othered" (in gendered, raced, and classed terms) to provide it. Intent to destroy a group, then, will be located via an enquiry which confronts the interests of colonial culture and aligns them firstly with the oppression of aboriginal people, and secondly with the discourses which developed to render that oppression in benevolent terms. The interpretation of the Genocide Convention is thus guided by the demands of context: and in context is revealed an intent to genocide by child removal.

From its inception, Canada's 'Indian policy' has sought to undermine the bond between indigenous children and their communities. Each era has seen a new reason and corresponding tactic to remove indigenous children. They have been institutionalized in residential schools, placed in foster homes, provincial 'care' facilities, and adopted by Euro-Canadian families. While it is widely accepted that the forceful removal of indigenous children during the residential school era and the "Sixties Scoop" was a colonial strategy, contemporary child welfare practices seem to escape the same scrutiny. This seems to be the case even though indigenous children continue to be removed en masse and are vastly overrepresented in the Canadian child welfare system. Indeed, there are more indigenous children in 'care' today than ever before in Canadian history, including the residential school era and following the "Sixties Scoop". Given these trends the colonial effect of contemporary child welfare practices seems evident. This project thus seeks to problematize child welfare practices in relation to indigenous peoples. In particular, it is the aim of this thesis to shed light on some of the narratives that underlie these practices. Through a critical discourse analysis this thesis illuminates how news media in Alberta and Manitoba disseminate controlling images of indigenous peoples and their children. I argue that the discourses in both provinces normalize the removal of indigenous children while naturalizing colonial control. / Thesis (Master, Sociology) -- Queen's University, 2011-06-30 11:58:07.536

Through this Peace and Conflict Studies autoethnography, I relate my stories in relationship to the First Nations lands and peoples of Northern Manitoba within the context of Child and Family Services. The stories identify relationships between social work interventions and peace-building interventions with examples of my contributions to the structural violence of colonization through assimilation, and my interventions that are consistent with peace-building to reverse the assimilation of colonization. The theories of structural violence, colonization, assimilation and genocide provide the framework to tell the anecdotal stories to identify the complex relationships. My stories describe my emotions of inner conflict and turmoil as I identify the day-to-day challenges ingrained within the system to build peace by reversing the tide of removing children from their families, communities, cultures and identities. The stories also identify some successes of peace-building by strengthening and unifying families and communities in response to experiences of colonization.

In Canada, almost everybody is familiar with stereotypes about ‘Native social dysfunction’. Canada’s present-day “Imaginary Indian” (Francis) is indeed associated with substance and welfare dependence as well as family violence and neglect. However, the mainstream tends not to wonder about the actual social suffering behind the image and about the causes of these supposed patterns. In Daughters Are Forever, the Sto:lo / Squamish writer and activist Lee Maracle deconstructs these racist clichés by emphasizing the impact of the colonial process on real-life Native populations. Through a Sto:lo social worker’s attempts to understand how colonial policies have affected Aboriginal motherhood, Maracle demonstrates the roots of Indigenous social ills in collective traumas inflicted over several centuries and transmitted intergenerationally. The conclusion of the protagonist, Marilyn, that “[c]olonization is such a personal process” (216) summarizes the ways in which collective trauma and cultural genocide largely condition individual traumas and grief. Her parallel journeys to help an Anishnaabe woman patient, prevent the abductions of Native Canadian children by mainstream welfare services, and mend her own toxic relationship with her daughters further demonstrate the interrelatedness of Indian policy, patriarchal institutions, and personal and familial spiritual illnesses. They also enable Maracle to show the dangerous ethnocentrism of mainstream psychology and the need to create cross-cultural methodologies and therapies appropriate to the diverse Native North American cultures. By depicting the “unresolved human dilemmas” (Preface 11) of Aboriginal characters, she strives to create social change by drawing her readers into her stories to shock them into awareness.

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In Canada, almost everybody is familiar with stereotypes about ‘Native social dysfunction’. Canada’s present-day “Imaginary Indian” (Francis) is indeed associated with substance and welfare dependence as well as family violence and neglect. However, the mainstream tends not to wonder about the actual social suffering behind the image and about the causes of these supposed patterns. In Daughters Are Forever, the Sto:lo / Squamish writer and activist Lee Maracle deconstructs these racist clichés by emphasizing the impact of the colonial process on real-life Native populations. Through a Sto:lo social worker’s attempts to understand how colonial policies have affected Aboriginal motherhood, Maracle demonstrates the roots of Indigenous social ills in collective traumas inflicted over several centuries and transmitted intergenerationally. The conclusion of the protagonist, Marilyn, that “[c]olonization is such a personal process” (216) summarizes the ways in which collective trauma and cultural genocide largely condition individual traumas and grief. Her parallel journeys to help an Anishnaabe woman patient, prevent the abductions of Native Canadian children by mainstream welfare services, and mend her own toxic relationship with her daughters further demonstrate the interrelatedness of Indian policy, patriarchal institutions, and personal and familial spiritual illnesses. They also enable Maracle to show the dangerous ethnocentrism of mainstream psychology and the need to create cross-cultural methodologies and therapies appropriate to the diverse Native North American cultures. By depicting the “unresolved human dilemmas” (Preface 11) of Aboriginal characters, she strives to create social change by drawing her readers into her stories to shock them into awareness. / Arts, Faculty of / English, Department of / Graduate

This thesis makes the legal argument that certain histories of aboriginal child removals in Canada and Australia, that is, the residential school experience in Canada, and the program of child institutionalization in Australia, meet the definition of 'genocide' in Article II of the Convention on the Prevention and Punishment of the Crime of Genocide. My primary focus is on that Convention's requirement that an act be committed with an "intent to destroy a group". My first concern in formulating legal argument around the Convention's intent requirement is to offer a theory of the legal subject implicit in legal liberalism. Legal liberalism privileges the individual, and individual responsibility, in order to underscore its founding premises of freedom and equality. The intentionality of the subject in this framework is a function of the individual, and not the wider cultural and historical conditions in which the subject exists. Using a historical socio-legal approach, I attempt to develop a framework of legal subjectivity and legal intent which reveals rather than suppresses the cultural forces at work in the production of an intent to genocide. Having reacquainted the subject with the universe beyond the individual, I move on with the first limb of my legal argument around intent in the Genocide Convention to address the systemic means through which child removal policy was developed and enforced. In this, I confront two difficulties: firstly, the difficulty of locating in any single person an intent to commit, and hence responsibility for, genocide; and secondly, the corresponding difficulty of finding that a system intended an action in the legal sense. I respond to both of these difficulties by arguing for a notion of legal subjectivity which comprehends organisations, and correspondingly a notion of intent which is responsive (both on an individual and an organisational level) to systematically instituted crimes such as genocide. The second limb of my argument around intent confronts the defence of benevolent intent. In this defence, enforcers of child removals rely on a genuine belief in the benevolence of the 'civilising' project they were engaged in, so that there can be no intent to destroy a group. I reveal the cultural processes at work to produce the profound disjunction between aboriginal and settler subjectivities, especially as those subjectivities crystallize around the removal of aboriginal children. I locate this disjunction in the twin imperatives of colonial culture, those of oppression and legitimation. I argue that colonial culture exacts a justification for oppression, and that aboriginal people have been "othered" (in gendered, raced, and classed terms) to provide it. Intent to destroy a group, then, will be located via an enquiry which confronts the interests of colonial culture and aligns them firstly with the oppression of aboriginal people, and secondly with the discourses which developed to render that oppression in benevolent terms. The interpretation of the Genocide Convention is thus guided by the demands of context: and in context is revealed an intent to genocide by child removal. / Law, Peter A. Allard School of / Graduate

The Indian residential school (IRS) system is part of Canada’s colonial history; an estimated 150,000 First Nations, Inuit, and Métis children attended IRS (Stout & Peters, 2011). Informed by Indigenous principles of respect, relevance, responsibility, reciprocity, and relationality (Deloria, 2004; Ermine 1995; Kirkness & Barnhardt, 2001; Wilson, 2008), this study uses classic grounded theory to explore how female IRS survivors or their female descendants are coping with the intergenerational transmission of trauma. Specifically, the general method of comparative analysis was used to generate theory and identify categories and conceptualizations. The emergent problem found that individual survivors and their descendants were dealing with kakwatakih-nipowatisiw, a Cree term used to identify learned colonial (sick) behaviours. These behaviours manifested first among the administrative staff of the schools, then eventually emerged as female generational violence between, for example, mothers and daughters. Indigenous women in this study aimed to resolve this, their ‘main concern’, in order to strengthen familial relations, especially between female family members. Analysis resulted in the identification of a theory derived from the social process of potentializing wellness, which was grounded in the real-world experiences of Indigenous women. Potentializing wellness involves three dimensions: building personal competencies, moral compassing, and fostering virtues. It was revealed that Indigenous women perceive the ongoing generational effects of IRS differently, and as a result, three behavioural typologies emerged: living the norm, between the norm, and escaping the norm. The “norm” refers to the belief that violence is accepted as a normal part of family life. The paradox, of course, is that this type of behaviour is not normal and Indigenous women in this study are looking for ways to eliminate aggressive behaviours between women. The discoveries made in this research, coupled with the final integrative literature review, suggest that Indigenous People’s cultural ways of knowing have a holistic component that addresses all wellness levels. Effective strategies to deal with intergenerational trauma can emerge when holistic health is followed by, or happens concordantly with, reclaiming cultural norms grounded in community and spiritual life. Indigenizing a Western intervention is not enough. Focusing on the spiritual as well as emotional, physical, intellectual, and social aspects of self is seemingly the best approach for Indigenous People who are dealing with the intergenerational effects of trauma.

The purpose of this qualitative narrative inquiry was to describe the teachers' perceptions of pedagogy and examine their cross-cultural strategies regarding culturally responsive teaching of K-12 students. Indigenous students of the Northwest Territories (NWT) face academic challenges in a Eurocentric educational system. Tribal critical race theory and Eurocentric diffusionism provided the conceptual framework in this study. Six participants were interviewed and their narratives were triangulated by a 5-member focus group. The research questions focused on the teachers' strategies for building bridges between the Eurocentric and Native ways. Participants were interviewed and their responses created individual stories, which added to the meaning making. Fifteen themes were identified using open and axial coding. The findings showed a teacher proclivity for pedagogy infused with Indigenous thought, and an understanding that residential schooling was intrusive to Indigenous life. Participants presented an anti-Eurocentric diffusionist stance, advocating for schooling that matches Indigenous life and is devoted to a dynamic home-school culture directed at closing the achievement gap with the rest of Canada. This study contributes to social change by providing supporting evidence for the need to involve Indigenous students in the development of their education.

In recent decades, the truth commission has become a mechanism used by states to address historical injustices. However, truth commissions are rarely used in established democracies, where the commission of inquiry model is favoured. I argue that established democracies may be more amenable to addressing historical injustices that continue to divide their populations if they see the truth commission mechanism not as a unique mechanism particular to the transitional justice setting, but as a specialized form of a familiar mechanism, the commission of inquiry. In this framework, truth commissions are distinguished from other commissions of inquiry by their symbolic acknowledgement of historical injustices, and their explicit “social function” to educate the public about those injustices in order to prevent their recurrence. Given that Canada has established a Truth and Reconciliation Commission (TRC) on the Indian Residential Schools legacy, I consider the TRC’s mandate, structure and ability to fulfill its social function, particularly the daunting challenge of engaging the non-indigenous public in its work. I also provide a legal history of a landmark Canadian public inquiry, the Mackenzie Valley Pipeline Inquiry, run by Tom Berger. As his Inquiry demonstrated, with visionary leadership and an effective process, a public inquiry can be a pedagogical tool that promotes social accountability for historical injustices. Conceiving of the truth commission as a form of public inquiry provides a way to consider the transitional justice literature on truth commissions internationally along with the experiences of domestic commissions of inquiry to assemble strategies that may assist the current TRC in its journey.