Introduction: The Aboriginal peoples of Canada have taken on great suffering from the colonization of the settlers of Canada. However, the effect of colonization has not disappeared from the Canadian society. Indigenous Residential Schools (IRS) played a major role in the cultural loss or genocide of the Aboriginals. Presently, IRS litigation is trying to reveal the effects of the IRS and how the justice system needs to acknowledge that cultural genocide was a consequence of IRS. This socio-legal issue is the focus of the article,” Troubling the Path to Decolonization: Indian Residential School Case Law, Genocide, and Settler Illegitimacy,” written by Leslie Thielen-Wilson.
Author’s Argument:
The author argues that the Indian
…show more content…
This idea is drawn from the decision made in Haida Nation v Canada, and how the IRS litigation is an avenue to uphold the settler’s sovereignty currently. In Part II, the author looks at the Blackwater v Plint case, and how it only reveal some of Canada’s wrongdoings in the eyes of law, and what can be considered as being vicariously responsible. This case is looked upon as a business partnership between the Canadian government and the Church, and what qualifies them to be vicariously responsible and what is considered an actionable tort. The article discusses how the settler’s collective vision and claim of sovereignty are not legitimate, but the Canadian government wants to withstand any legal implications solely because it is believed that settlers have superiority and can dehumanize Indigenous people.
Evidence:
In support of the author’s main claims, the article presents supporting evidence in the text with the usage of the court decisions from Blackwater v Plint. The author supported their thesis by analyzing each phase of the case in court and the decisions that went along with it. It was seen in phase 1, that Justice Brenner 1998 phase-one decision is considered a landmark decision in that it holds both Canada and the United Church vicariously responsible for the sexual assaults committed by Plint. ( Thielen-Wilson, 187). The author interprets this, is that this brings forth the racial ontology of property… “no-fault” responsibility is
When the term “genocide” is used, the majority of people will immediately call to memory one of a few widely recognized instances where this atrocity was committed. The Holocaust, Rwanda, Darfur or Armenia are among the most well known, but are they the only instances where genocide has occurred? Surely not, but this is indicative of a problem we are faced with today. Since the term “genocide” was coined, countries are very wary of admitting to any acts of wrongdoing in their history which may fit that definition. Canada is not exempt from this thinking, and because of this we must ask, has Canada ever committed acts of Genocide? This paper will look at one relatively recent example that can be used to answer “yes” to this question; the residential school system. Canada’s Indian Residential School (IRS) system and it’s treatment of Indigenous children was not just dark and brutal, but in fact constituted a “genocide” as defined by the 1948 UN Convention on Genocide.
The impact of colonization on First Nations peoples in Canada is unsurpassable, regarding every aspect of Aboriginal life and well-being. Throughout Canadian history, the government has been aiming to assimilate and annihilate Aboriginal people by way of racist policies, ethnocentric institutions, discriminatory laws and destructive capitalist behaviours. Because of this, Aboriginal people have suffered many losses, both physically and culturally. One of the main perpetrators of enacting this loss is the education system. The education system in Canada has and continues to threaten the relationship First Nations peoples have with the land. The connection First Nations peoples have with the land is crucial to their cultures, traditions, ceremonies and beliefs. Colonization and colonialism jeopardize this relationship and that is what this essay will address.
During the time residential schools existed, the Aboriginal population of Canada was forced to endure appalling treatment. Residential school is regarded as a thing of the past by high school history books, but is that really true when the oppression and abuse that occurred in residential schools has had a long-term effect on Aboriginal peoples? Intergenerational effects of residential schools include post-traumatic stress disorder, high rates of addiction, abuse and violence, probable deadly illnesses, and elevated statistics of suicide in Aboriginal communities. A substantial number of authors, historians, and researchers attest to the fact that residential schools have influenced a number of generations of the Aboriginal people of Canada.
Aboriginal persons in Canada have been facing oppression ever since colonization began. Even when Canada gained independence from the British Empire, the oppression continued and still goes on today. One major contributing factor to the oppression of Aboriginal people in Canada is the actions taken by the Government. The Government of Canada has in fact mistreated and found to be partaking in wrongdoing when dealing with the Aboriginal population in this country. With this ugly truth being revealed, the Truth and Reconciliation Commission had to be tasked with discovering and revealing past wrongdoing by a government in the hope of resolving conflict left over from the past. (cite)
Since the colonization of Canada First Nations people have been discriminated against and assimilated into the new culture of Canada through policies created by the government. Policies created had the intentions of improving the Aboriginal people’s standard of living and increasing their opportunities. Mainly in the past hundred years in Canadian Society, policies and government implemented actions such as; Residential schools, the Indian Act, and reserve systems have resulted in extinguishing native culture, teachings, and pride. Policies towards the treatment of Aboriginal Canadians has decreased their opportunities and standard of living because of policies specified previously (Residential schools, the Indian Act, and reservation systems).
Canada as a nation is known to the world for being loving, courteous, and typically very welcoming of all ethnicities. Nevertheless, the treatment of Canada’s Indigenous population over the past decades, appears to suggest otherwise. Indigenous people have been tormented and oppressed by the Canadian society for hundreds of years and remain to live under discrimination resulting in cultural brutality. This, and more, has caused severe negative cultural consequences, psychological and sociological effects. The history of the seclusion of Indigenous people has played a prominent aspect in the development and impact of how Indigenous people are treated and perceived in today’s society. Unfortunately, our history with respect to the treatment of Indigenous communities is not something in which we should take pride in. The Indian Act of 1876 is an excellent model of how the behavior of racial and cultural superiority attributed to the destruction of Indigenous culture and beliefs. The Indian Act established by the Canadian government is a policy of Aboriginal assimilation which compels Indigenous parents under threat of prosecution to integrate their children into Residential Schools. As a nation, we are reminded by past actions that has prompted the weakening of the identity of Indigenous peoples. Residential schools has also contributed to the annihilation of Indigenous culture which was to kill the Indian in the child by isolating them from the influence of their parents and
“Where are they taking me, mom?! Help!” These were the screams of an Aboriginal child when he was dragged to a car that drove him away from his family. Aboriginal kids were forcefully abducted and placed at poorly built and equipped residential schools. Residential schools are a network of boarding schools for Indigenous peoples. Like a disease, these schools spread so fast on Canadian land. They were every Indigenous child’s nightmare. Kids who attended were traumatized due to the mental, physical, and sexual abuse they suffered. Canadians felt superior to Aboriginals which lead them to use their power excessively to civilize these communities. This issue is considered to be one of the darkest chapters in Canadian history. It has a significant impact on Aboriginal communities. Indians suffered a loss of culture and identity. This issue violates various human rights such as; Freedom of language, freedom of culture and religion, freedom of choice, and the freedom of safety and health. The two groups in this controversy are the aggressors; Canadian government, and it’s churches, and the victims; the aboriginals. The question is, is the Canadian government doing enough to make it up to those who suffered the ill effects of residential schools?
The conclusion of the 2009 Truth and Reconciliation Commission has offered powerful evidence that the government of Canada has committed ‘cultural genocide’ against the Indigenous peoples through the Indian Residential Schools (IRS) system. However, cultural genocide suggests the IRS destroyed culture and not people, which is misleading because of its use of physical violence. This essay will first acknowledge the act of cultural genocide committed by Canadian Residential School system. Next, the paper will explore Article 2 of the UN Convention on the Prevention and Punishment of the Crime and the physical acts committed by the IRS. The paper will examine whether or not the system can be appointed the more fitting label of genocide according to the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG), which adopted by the United Nations General Assembly in 1948. I will conclude with a brief discussion of our next steps as
Throughout Canada’s 150 years of being a country, Indigenous people were oppressed. The children were forced into residential schools, and eventually, over decades, the entire culture was lost. Looking back on it now, it is clear that what had happened was a “cultural genocide.” Cultural genocide is defined as, “the destruction of structures and practices that allow a group to continue as a group” (Moffit, Brown, 2017).
Knockwood explains the enforcement of residential ideologies as a “combination of physical intimidation and psychological manipulation which produced terror and confusion” (12). The premise of residential schools was to strip Indigenous children from their culture and Indigenous identity, forcing them to only speak English, or face severe consequences. Despite the government and churches best efforts, many Indigenous children still maintained their cultural roots and kept their language while at home. This governmental need for assimilation has had lasting impacts far beyond the scope of active residential schools. Neeganagwedgin notes, “while the schools may be physically closed, the legacy lingers” (34). Beyond this, she urges, present-day institutions still function in a way that continues to undermine and systematically deny, “Indigenous peoples their inherent rights as First Peoples” (Neeganagwedgin 34); such as the justice system, child welfare and the education systems.
The Canadian government enacted an Indian Act in 1876 which outlines their approach towards the elimination of the Aboriginal government, land, religion, and so on. This policy’s central goal was to assimilate the entire aboriginal population into Canadian civilization. The act described how to categorize one as an Indian, how one could lose their Indian status, the abolition of Native traditions and practices, and much more. Through residential schooling, which was administered through the Indian Act, the country was able to force allegiance in mass volumes. The word ‘residential schools’ refers to a schooling system which intends to enforce Euro-Canadian values into Aboriginal youth. After many years of agonizing discrimination and
First Nation Peoples within Canada have been facing many injustices in their homeland since the dawn of colonization. The most unraveling point to First Nation assimilation was the formation of the consequential Indian Act and residential schools resulting in a stir of adversity. As racist ideologies within Canada developed, upheaval against such treatment was undertaken as First Nation communities fought back against government land claims and eradication of treaty rights. In attempt to make amends, proper compensations from the injustices within residential schools have been released and the key for the future is allowing First Nation self-government. Ideals with the intent of ultimate assimilation have been standardized unto First Nation
Residential schools in Canada were present for over 100 years and were created by the government to eliminate the Indigenous culture. These schools successfully separated families while creating huge cultural barriers between children and their Native culture (COHA, 2011). These children were forcibly removed from their families and taken to residential schools because Canadians saw Indigenous peoples as “backwards” or “savage” (COHA, 2011). They also believed that they were inferior to Natives and that these schools would help “civilize” aboriginals by replacing their Native traits with Western values (COHA, 2011).
There has been lots of controversy about the Indian Residential Schools in Canada and its long term consequences. The Indian Residential Schools long lasting negative effects on the Canadian Identity and Indigenous peoples are still present today. This essay will outline the legal issues, mortality rates and poor conditions. Lasty the lasting effects from the Residential Schools present today in both the survivors, and the new generations. The conflicts between Canada’s Residential Schools and the Canadian Identity is a very problematic issue that Canadians of both Aboriginal descent and mainstream Canadians are trying to amend.
Aboriginal people in Canada are the native peoples in North America within the boundaries of present-day Canada. In the 1880’s there was a start of residential schools which took Aboriginal kids from their family to schools to learn the Roman Catholics way of culture and not their own. In residential schools Aboriginal languages were forbidden in most operations of the school, Aboriginal ways were abolished and the Euro-Canadian manner was held out as superior. Aboriginal’s residential schools are careless, there were mental and physical abuse, Aboriginals losing their culture and the after effects of residential schools.