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Permanent link (DOI): https://doi.org/10.7939/R39S3Q

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Canada’s Indians (sic): (Re)racializing Canadian Sovereign Contours Through Juridical Constructions of Indianness in McIvor v. Canada Open Access

Descriptions

Other title
Subject/Keyword
Law
Gender
Indian
Indigenous
Race
Type of item
Thesis
Degree grantor
University of Alberta
Author or creator
Kolopenuk, Jessica
Supervisor and department
Andersen, Chris (Native Studies)
Harder, Lois (Political Science)
Examining committee member and department
Garber, Judy (Political Science)
Department
Department of Political Science
Specialization

Date accepted
2012-09-20T13:25:37Z
Graduation date
2012-09
Degree
Master of Arts
Degree level
Master's
Abstract
While scholarship has recognized the role that sex discrimination has played in the naming of “Indians” in Canada, one aspect of this depiction has been minimized. In addition to the gendering of Indigenous subjectivities, Canada has consistently racialized us/them through practices of juridical categorization. The latest court case dealing with Indian registration, McIvor v. Canada, (re)produced this practice. This thesis explores McIvor to understand the relational struggles, limitations, and authority the courts engender when existing constructions of Indigenous legal recognition are challenged. I use Bourdieu’s (1987) juridical field to position “law” as a dynamic arena whereby hierarchical struggles generate social realities. I also utilize Moreton-Robinson’s (2000, 2001, 2004a) theory of patriarchal white sovereignty to understand the ways in which, through its juridical system, Canada is a racialized and racializing state. I seek to demonstrate how Canadian sovereignty is (re)produced through racialized constructions of Indigenous legal recognition in McIvor.
Language
English
DOI
doi:10.7939/R39S3Q
Rights
Permission is hereby granted to the University of Alberta Libraries to reproduce single copies of this thesis and to lend or sell such copies for private, scholarly or scientific research purposes only. Where the thesis is converted to, or otherwise made available in digital form, the University of Alberta will advise potential users of the thesis of these terms. The author reserves all other publication and other rights in association with the copyright in the thesis and, except as herein before provided, neither the thesis nor any substantial portion thereof may be printed or otherwise reproduced in any material form whatsoever without the author's prior written permission.
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File author: Jessica Kolopenuk
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