The dissertation critiques certain developments on the legal definition of genocide while also showing how Canada has failed to comply with customary international laws. It develops the argument that the forcible transferring of Indigenous Peoples’ children into the dominating society meets the criteria set out in the Genocide Convention. The issue will be examined from a “cognitive” lens of domination and dehumanization that unpacks the destructive framework of colonialism in international law. This is necessary because the euphemistic colonial language employed to benignly characterize the destruction experienced by Indigenous Peoples’ children conceals the reality of the genocidal harm against the Original Nations in the Western Hemisphere and globally. The forcible transferring of children from one group to another group causes the collective serious bodily and mental harm onto scores of Indigenous Peoples’ children and ultimately Indigenous Nations as human groups. This violates articles 2 (b) and (e) of the Convention. The Canadian Criminal Code and the limited definition of genocide are integral to the colonial oppressive relationship in international law. This thesis has two objectives, first, to name and describe the experience of genocide experienced by Indigenous Peoples. Second, the thesis analyzes whether the Canadian state has violated the Genocide Convention.
| Identifer | oai:union.ndltd.org:USASK/oai:ecommons.usask.ca:10388/ETD-2014-06-1625 |
| Date | 2014 June 1900 |
| Contributors | Newman, Dwight |
| Source Sets | University of Saskatchewan Library |
| Language | English |
| Detected Language | English |
| Type | text, thesis |
Page generated in 0.0022 seconds