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"Indigenous Justice in Oceania and North America" published on by Oxford University Press.

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Because of the historical restrictions in the Indian Act, when couples who are separating or divorcing and agree on how to deal with their matrimonial real property, they do not have a comprehensive legal framework within which they can give effect to their intentions. Where couples do not agree, there is no mechanism for resolving their disputes. Many of these couples are attending provincial courts to obtain court orders for an equal division of their assets and find out that the courts will not and cannot address the situation of the property on reserve because of jurisdictional squabbling. That's the issue that NWAC is trying to find solutions to the fact that many women and their children are suffering because it is the women and children who are forced out of their family homes. It is the women and children who are the most affected because of the housing crises on reserve. It is the women and children who have to try to find places to stay, whether it's with their own families, in shelters (of which there are only 36 shelters on reserve) or have to move to an urban centre mostly with no financial resources. This is where the cycle again occurs because most of these women live in poverty and end up in the most poverty-stricken areas of urban centres causing even more risk to their families.

It is time to set the record straight on the Native Women's Association of Canada's position on matrimonial real property (MRP). I am frustrated when the media are blindly led to write clearly biased reports without getting all of the facts ("Proposed changes would boost women's property rights", Leader Post, April 24). Beginning in October 2006, the NWAC heard ideas, opinions and solutions from aboriginal women who have been directly impacted by the lack of legal recourse to the equal division of their matrimonial home on reserve. I was encouraged to learn about the resilience of the women we heard from. NWAC totally supports her report and, in fact, supports the fact that First Nations have a continued inherent right to their lands and territories. The aboriginal women with whom we consulted reiterated this as well.

This report examines the role of discrimination in acts of violence carried out against Indigenous women in Canadian towns and cities. Discrimination takes the form both of overt cultural prejudice and of implicit or systemic biases in the policies and actions of government officials and agencies, or of society as a whole. Discrimination has played […]

The amendments to the Indian Act over the past forty-four years have done very little to assist First Nations women and their children in their fight to reclaim their identity and their connections to their ancestry. The Act, originally enacted in 1876, has had a few amendments since that time. In 1982, the Constitution Act of Canada was legislated and with it came the Charter of Rights and Freedoms so the federal government was designated to remove any discrimination in all of its legislation. This included the Indian Act. The amendments following were in 1985, commonly referred to as Bill C-31 as well as C-3 in 2011 and S-3 in 2017. These amendments have resulted in many heated and disturbing conflicts amongst First Nations people, including First Nations women and their children who have been directly affected by the sexually discriminating sections of the Act. This chapter provides a historical overview of the Act, its origins and its inherent racist and sexist policies. As well it discusses those amendments affecting First Nations women and her descendants, specifically the registration and membership provisions that continue to discriminate against First Nations Women and her descendants who are both male and female.

June 3 marked the one-year anniversary of the report on the National Inquiry into Missing and Murdered Indigenous Women and Girls, with its call for a National Action Plan (NAP) to end violence against Indigenous women. This is not new: In 1993, the Canadian Panel on Violence Against Women made a similar...

"In Keetsahnak / Our Murdered and Missing Indigenous Sisters, the tension between personal, political, and public action is brought home starkly. This important collective volume both witnesses the significance of the travelling exhibition Walking With Our Sisters and creates a model for antiviolence work from an Indigenous perspective. The contributors look at the roots of violence and how it diminishes life for all. They acknowledge the destruction wrought by colonial violence, and also look at controversial topics such as lateral violence, challenges in working with "tradition," and problematic notions involved in "helping." Through stories of resilience, resistance, and activism, the editors give voice to powerful personal testimony and allow for the creation of knowledge."--

While her name echoes across the pages of legal and constitutional history, we also remember the informal [Trish]. At home, that warm and welcoming place, where the door was always open, and the only rule was make yourself at home. Where her splendid children, Brandon, Mike, Kate and Jack displayed their achievements on the wall of honour, and brought their friends to hang out, share Trish's delicious cooking, and strategize over upcoming sports competitions, and projects. Where other children became her children and where they found a loving, safe and supportive home. Where Trish's favourite coffee was always on offer. We remember her on the road, meeting her on the road, travelling with other women and their children, putting human rights into action in Saskatchewan prisons, seeking justice, or watching with great pride and enormous knowledge the kids' activities at powwows, hockey and lacrosse arenas, soccer fields, or concert halls. We remember her scheming and "schmoking," laughing, and cooking up new ways to thwart the colonizer or defeat the machinations of injustice. This is not to say that Trish avoided the world of policy-making. To the contrary. A key member of the Task Force on Federally Sentenced Women in the early 1 990s, she ensured that the voices of Indigenous women were central to the process. Her guidance strongly influenced the Task Force final report and the subsequent establishment of the Okimaw Ohci Healing Lodge for Aboriginal women. Trish was a vital expert witness at the Commission of Inquiry into Certain Events at the Prison for Women in Kingston (the Arbour Commission), which investigated the unlawful stripping and shackling of women, imposition on women of lengthy segregation, and their involuntary movement to a men's prison. Nor did her contribution end with the completion of the Task Force and Commission. Trish did not hesitate to bring attention to government shortcomings in realizing the vision of the Task Force and the Arbour inquiry. She was one of the staunchest critics of Correctional Services' divergence from the original inspiration for the Healing Lodge. She worked with the Canadian Association of Elizabeth Fry Societies and was a trusted advisor and friend to Kim Pate, when they launched a complaint to the Canadian Human Rights Commission against the Government of Canada on behalf of all women serving two years or more. Supported by 27 national and international women's, Aboriginal, and social justice groups, the complaint called for a systemic review and remedy for the discriminatory treatment of women in prisons and the criminal justice system generally.

Le 11 juin 2008, le Premier ministre Stephen Harper au nom du peuple canadien a présenté des excuses à l'égard des enfants autochtones jadis gardés dans des pensionnats. Les ministres de l'opposition Stéphane [Stephane Dion], Jack Layton et Gilles Duceppe ont fait de même. Tous les chefs des organisations nationales d'autochtones ont réagi positivement à cet exercice public. En sa qualité de présidente nationale de l'Associations de femmes autochtones du Canada, l'auteure a eu la responsabilité de diffuser ce message afin que tous en prennent connaissance. Elle en fut honorée et au nom des femmes autochtones du Canada elle a parlé du fond du coeur en témoignant de l'impact de ce système scolaire spécialement sur les femmes autochtones. I then had to reflect on my own personal upbringing and heard about the horrendous abuses that my own grandmother and her siblings had to endure while they attended the "Mush Hole," the Mohawk Institute in Brantford, Ontario. I also reflected and reviewed my matrilineal family and the affects that these abuses had on my mother, her siblings and their families. My grandmother and mother had already passed away when I began to realize the intergenerational impacts, so I wasn't able to have direct conversations with them about this issue. I am not sure my grandmother would have wanted to talk about it anyway. I was, however, able to sit with my uncle, my grandmother's brother, and he told me many horrible stories. I began to understand how much was stolen from my matriarchal family as a result of my grandmother attending the Mush Hole. It became a reality that our traditional form of educating our children through language and traditional teachings that were supposed to be taught to us by our grandmother was stolen from her; her language was sexually beaten from her and her spirit was beaten by a system designed to destroy her. She was a Mohawk girl whose life was taken from us by genocidal policies of the Canadian government and religious denominations of churches. Most Canadians became a little educated on June 11, 2008 about the assimilationist policy of the Canadian government. Being that this is one of the most troubling "black marks" against Canada, every Canadian person should be knowledgeable that the human rights violations that occurred against Aboriginal children is as a result of Canada's genocidal policies. Every Canadian person should know its impacts on Aboriginal peoples, and more specifically on Aboriginal women. Everyone should know that the negative issues of the poverty, alcoholism, drug addiction and the cycle of violence can be traced back to Canada's policies. We can even trace the issue of missing and murdered Aboriginal women to the residential school system. All of this must be mandatorily taught in all Canadian schools. It shouldn't have taken until the year 2008 for most Canadians to be educated about the residential school system.

Drawing on elements of the Haudenosaunee Confederacy as a case study, this chapter on Indigenous international law interrogates the widely held and long-standing premise that international law is the sole purview of Europe. This chapter contends European-centred international law arose out of Europe, for European-based legal systems—namely common and civil legal traditions, now practised in many countries beyond Europe, such as Canada. Indigenous international law, conversely, continues to be engaged with today by many Indigenous nations around the world, arose from Indigenous world views. The chapter also examines some of the ways in which Indigenous international laws continue today in spite of colonial disruption.

This book brings together Indigenous, Third World and Settler perspectives on the theory and practice of decolonizing law. Colonialism, imperialism, and settler colonialism continue to affect the lives of racialized communities and Indigenous Peoples around the world. Law, in its many iterations, has played an active role in the dispossession and disenfranchisement of colonized peoples. Law and its various institutions are the means by which colonial, imperial, and settler colonial programs and policies continue to be reinforced and sustained. There are, however, recent and historical examples in which law has played a significant role in dismantling colonial and imperial structures set up during the process of colonization. This book combines usually distinct Indigenous, Third World and Settler perspectives in order to take up the effort of decolonizing law: both in practice and in the concern to distance and to liberate the foundational theories of legal knowledge and academic engagement from the manifestations of colonialism, imperialism and settler colonialism. Including work by scholars from the Global South and North, this book will be of interest to academics, students and others interested in the legacy of colonial and settler law, and its overcoming.

This book brings together Indigenous, Third World and Settler perspectives on the theory and practice of decolonizing law. Colonialism, imperialism, and settler colonialism continue to affect the lives of racialized communities and Indigenous Peoples around the world. Law, in its many iterations, has played an active role in the dispossession and disenfranchisement of colonized peoples. Law and its various institutions are the means by which colonial, imperial, and settler colonial programs and policies continue to be reinforced and sustained. There are, however, recent and historical examples in which law has played a significant role in dismantling colonial and imperial structures set up during the process of colonization. This book combines usually distinct Indigenous, Third World and Settler perspectives in order to take up the effort of decolonizing law: both in practice and in the concern to distance and to liberate the foundational theories of legal knowledge and academic engagement from the manifestations of colonialism, imperialism and settler colonialism. Including work by scholars from the Global South and North, this book will be of interest to academics, students and others interested in the legacy of colonial and settler law, and its overcoming.

Plusieurs fois au cours des dernières années chacune de nous a parcouru avec beaucoup de plaisir un premier exemplaire des Cahiers de la femmes/CWS sur les femmes autochtones. Ce magazine a toujours encouragé l'écriture des femmes autochtones depuis le premier article des femmes Mohawks de Kanawake dans le deuxième numéro des Cahiers bien avant la mode des écrits autochtones. Les années ont passé et beaucoup de choses ont changé. On compte de plus en plus de femmes autochtones qui écrivent et le nombre de textes soumis pour ce numéro en est la preuve. C'est un encouragement porté par l'espoir. Un des thèmes les plus évidents de ce numéro porte sur l'importance de vivre nos traditions autochtones. Ce message omniprésent, que ce soit dans un article sur les arts ou sur la loi, n'était pas apparent dans le premier numéro sur les femmes autochtones. Un autre thème prouve que notre écriture n'est pas dissociée de notre quotidien. Nous sommes des activistes et ce numéro est sûrement une célébration des femmes activistes autochtones. Ce ne fut pas tâche facile d'organiser les sections de ce numréro à cause des liens à établir Quel défi que de vouloir catégoriser le travail autochtone ! Dans une perspective holistique chacun des articles aurait pu se retrouver dans les quatre sections et chaque section aurait pu être reliée à l'autre. Raconter des histoires par exemple, est de l'activisme et chaque histoire dans ce Cahier est engagée dans un processus de partage de nos savoirs pour le changement. En outre, les savoirs autochtones prennent leur source dans le principe de "toute ma famille"; la gouvernance implique l'application des savoirs autochtones; les arts expriment notre relation avec nos familles et ainsi de suite. Cela dit, nous espérons que les lectrices et les lecteurs apprécieront les catégories choisies. Nous croyons qu'elles offrent une nouvelle approche à notre activisme, à nos légendes, à notre savoir et à nos familles.

In Canada, Indigenous populations have an increased prevalence of psychiatric disorders and distress. Mental health mobile applications can provide effective, easy-to-access, and low-cost support. Examining grey literature and academic sources, this review found three mobile apps that support mental health for Indigenous communities in Canada. Implications and future directions are discussed. Alternate abstract: Parmi les autochtones du Canada il y a une prévalence accrue de troubles psychiatriques et de détresse. Les applications mobiles en santé mentale peuvent fournir une assistance efficace, simple et abordable. En examinant la littérature grise et les recherches universitaires, cette revue a identifié 3 applications mobiles qui soutiennent la santé mentale des communautés autochtones du Canada. Les conclusions et les implications sont ici discutées.