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

  • Author / Creator
    Kolopenuk, Jessica
  • 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.

  • Subjects / Keywords
  • Graduation date
    2012-09
  • Type of Item
    Thesis
  • Degree
    Master of Arts
  • DOI
    https://doi.org/10.7939/R39S3Q
  • License
    This thesis is made available by the University of Alberta Libraries with permission of the copyright owner solely for non-commercial purposes. This thesis, or any portion thereof, may not otherwise be copied or reproduced without the written consent of the copyright owner, except to the extent permitted by Canadian copyright law.
  • Language
    English
  • Institution
    University of Alberta
  • Degree level
    Master's
  • Department
    • Department of Political Science
  • Supervisor / co-supervisor and their department(s)
    • Harder, Lois (Political Science)
    • Andersen, Chris (Native Studies)
  • Examining committee members and their departments
    • Garber, Judy (Political Science)