Abstract: In this paper, I will investigate how Canadian legal institutions function to serve the interests of the settler colonial state in the dispossession of Indigenous peoples. This investigation will be facilitated through an examination of the court proceedings of 1492 Land Back Lane, a contemporary example whereby land defenders are being criminalized by Canadian courts for re-occupying their unceded land in Caledonia to protect it from a proposed housing development. Here we see an example of oppression, and therefore, it may be useful to utilize Sensoy & DiAngelo’s (2017) definition of oppression: namely, the prejudice and discrimination of one social group, in this case, settlers, against another, here Indigenous peoples, backed by legal authority and historical, social and institutional power (p. 84). Focusing on legal authority in this case, I seek to demonstrate ultimately how anti-Indigeneity is embedded within the Canadian legal system. In order to do this, I will begin by examining key historical legal documents, namely the Constitution of Canada and the Indian Act, with an eye to the settler colonial ideology of paternalism underlying them. Then, I will turn to the court proceedings of 1492 Land Back Lane, establishing their problematic and paternalistic nature, and grounding them within existing case law on Indigenous land rights, to demonstrate how Canadian courts can serve to perpetuate settler colonialism and land dispossession, often through the legal mechanism of injunction. Ultimately, I seek to demonstrate how the very concept of land back is incompatible with Canadian law.




Description: Classical liberal democratic theory has provided crucial ideas for a still dominant and hegemonic discourse that rests on ideological conceptions of freedom, equality, peacefulness, inclusive democratic participation, and tolerance. While this may have held some truth for citizens in Western liberal-capitalist societies, such liberal ideals have never been realized in colonial, postcolonial and settler colonial contexts. Liberal democracies are not simply forms of rule in domestic national contexts but also geo-political actors. As such, they have been the drivers of processes of global oppression, colonizing and occupying countries and people, appropriating indigenous land, annihilating people with eliminatory politics right up to genocides. There can be no doubt that the West – with its civilizational Judeo-Christian idea and divine mission ‘to subdue the world’ – has destroyed other civilizations, countries, trading systems, and traditional ways of life and is responsible for the death of hundreds of millions of human beings in the course of colonizing the world from its Empires of trade through colonialism to settler colonialism and today’s politics of regime change. The book discusses the settler colonial regime that Israel has established in Palestine while still claiming to be a democracy. It discusses the failures of liberal democracy to overcome the structural and racist inequalities in post-Apartheid South Africa, and it presents hopeful outlooks on new ideas and forms of democracy in social movements in the MENA region.



Description: Many of Canada’s most famous suffragists – from Nellie McClung and Cora Hind to Emily Murphy and Henrietta Muir Edwards – lived and campaigned in the Prairie provinces, the region that led the way in granting women the right to vote and hold office. Manitoba enfranchised women in January 1916, and Saskatchewan and Alberta quickly followed in March and April. In Ours by Every Law of Right and Justice, award-winning author Sarah Carter challenges the myth that grateful male legislators simply handed western settler women the vote in recognition that they were equal partners in the pioneering process. Suffragists worked long and hard to overcome obstacles, persuade doubters, and build allies. But their work also had a dark side. Carter situates the suffragists’ struggle in the colonial history of the region, a period when Indigenous people were being cleared from the Plains and marginalized on reserves to make way for permanent settlers. Even as they pressured legislatures to grant their sisters the vote, settler suffragists often accepted and approved of that same right being denied to “foreigners” and to Indigenous men and women. This powerful and passionate account of prominent suffragists and their lesser-known allies shows that the right to vote meant different things to different people – political rights and emancipation for some, domination and democracy denied for others. This book is important reading for anyone with an interest in Canadian women’s history or the history of colonialism in Prairie Canada and on the Great Plains. It will particularly appeal to students of Canadian or political history.