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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.
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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.
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The residential school legacy is one of the darkest chapters in Canadian history. From the mid-1850s to 1996, thousands of Aboriginal children were taken from their homelands and placed in residential schools. Taken against their will, many dreaded attending these schools. Some attended for as long as ten to fifteen years, only to be strangers in their own communities upon their return. In the past thirty years, survivors began disclosing the loneliness, confusion, fear, punishment and humiliation they suffered within these institutions, and also reported traumatic incidents of sexual, physical or emotional abuse. These childhood traumas still haunt them today. This dissertation examines the four compensation processes (Litigation, Alternative Dispute Resolution, Independent Assessment Process and the Common Experience Process) used by survivors to determine whether the compensation payments made to them assisted in reconciliation of their residential school experience. To complete an analysis of the processes, twenty-four residential school survivors from Ontario, Manitoba and British Columbia were interviewed about their experiences with one or more of the compensation processes. The study begins with a historical overview of the residential school legacy and continues with the residential school healing movement that initiated and finalized a negotiated settlement agreement for all living survivors. This dissertation provides a unique perspective to the residential school legacy by using a cultural framework, Anishinabe teachings and concepts to share the voices of residential school survivors. The pivotal Anishinabe teaching within this study comes from The Seventh Fire Prophecy. This prophecy states that: “If the New People will remain strong in their quest, the Waterdrum of the Midewiwin Lodge will again sound its voice”. In this dissertation the residential school survivors are the New People. As the dissertation unfolds the author utilizes various Anishinabe concepts to illustrate how the compensation processes failed to assist the New People to reconcile with their residential school experience. This study presents a medicine wheel understanding of reconciliation and the Residential School Legacy. It concludes with an important message to the second and third generation survivors to continue the reconciliatory efforts that the New People introduced. It is crucial that the children and grandchildren of the New People begin the reconciliation process not only for themselves but for the next seven generations.
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