Canada’s Indians sic: Reracializing Canadian Sovereign Contours Through Juridical Constructions of Indianness in McIvor v. CanadaReport as inadecuate

Canada’s Indians sic: Reracializing Canadian Sovereign Contours Through Juridical Constructions of Indianness in McIvor v. Canada - Download this document for free, or read online. Document in PDF available to download.

Law, Gender, Indian, Indigenous, Race

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


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, reproduced 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 reproduced 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.

Author: Kolopenuk, Jessica



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