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Canada's Inquiry into Murdered and Missing Indigenous Women (MMIW) will soon begin its work. This paper reviews the history and current ways that Canada's laws and legal system have and continue to discriminate against indigenous women, from Indian status, to property rights, to marital separation rights, to protection from abuse, to health care, reproductive rights, drugs and prostitution laws. The paper asks various questions for the MMIW Inquiry to answer. This discrimination against indigenous women has lasted longer than Canada's existence. The 150th celebration of confederation is coming; the Canadian Charter of Rights and Freedoms is more than 30 years old. When will the discrimination end? When will the Charter finally provide equality and security of the person to indigenous women? When will Canada's legal system finally stop hating indigenous women?
ABSTRACT How has Canada systemically failed to uphold the rights of her Indigenous women? To what extent have national violence prevention efforts quelled the rise of the MMIWG (missing and murdered Indigenous women and girls) phenomenon? What are the societal and institutional barriers continuing to prevent indigenous women from availing themselves of national justice mechanisms? In assessing these queries, it was found that women from Indigenous communities are at higher risk than non-Indigenous women to be exposed to racialized, sexualized violence; moreover, they remain trapped by a persistent lack of access to justice in the event of victimization. With the disproportionately high MMIWG numbers across the nation, the calls-to-action by Indigenous organizations have been supplemented with numerous recommendations on how to proceed with the national inquiry launched recently under the new Trudeau administration. Despite the growing culture of insistence upon human-rights protection, emerging efforts in this regard have proved, more or less, to be a strategic give-and-take of political capital among engaged stakeholders. This paper examines how ongoing tensions between Canada’s social, political and legal institutions result in outrageous implementation gaps in investigations and violence prevention, further distancing Indigenous women and girls from their rightful claim to safety and justice. Procedural deficiencies in data collection and analysis; as well as existing legal infrastructure, and policing procedures; are deconstructed and evaluated against required standards of accountability in the contemporary MMIWG context. Once the pertinent gaps are outlined, a matrix of recommendations is designed to constructively inform needed federal and local reforms.
Gugan Ram Educational & Social Welfare Society, 2022
Abstract The paper “An Insight Into The Plight Of Indigenous Women Of Canada” discusses the major problems faced by the indigenous women all over the world, with a specific study to the indigenous women of Canada. The paper aims at introducing the plight of the indigenous women in Canada and the problems they face in different arenas, and how their race and community are treated as reasons to push them backward, sexually assault them and to the worst, deny them their fundamental rights. The paper aims to discuss different evil social factors like racism, white supremacy and the ideology of western superiority and the still ongoing mindset of colonization that had affected the indigenous communities, mostly their women, who have been murdered, went missing, are sexually assaulted and discriminated on the grounds of their color, race and caste. The paper also links racism to Canadian history which has aspects of colonization which is the major reason behind the assault of indigenous women in Canada. We have addresses authentic peer reviewed articles, have put our time and efforts in reading the reports on “Missing and Murdered Indigenous Women” to provide evidence to support our research paper. We also have facts and data analyzed from their government sites and newspapers to provide a strong base to our research topic. Indigenous people in Canada have been a victim of colonization and racism, which has affected them in a lot of ways. This paper would analyze the topic in three different ways, their colonial and racial history via the effects of residential schools and the process of assimilation which led to cultural genocide and trauma and the effects of racism till date, which has been the main reason behind the discrimination of indigenous women in Canada, in different fields.
University of Miami law review, 2011
2. Founded in 1974, Quebec Native Women (QNW) is a Canadian nonprofit organization whose objective is to promote the rights of native women of Quebec, including the rights of those living in urban areas. QNW supports aboriginal women in their efforts to improve their living conditions by promoting nonviolence, justice, equal rights, and health. QNW also supports women in their commitments to their communities. See generally QUEBEC NATIVE WOMEN INC., http:// www.faq-qnw.org/ (last visited Apr. 7, 2011). 903 \\jciprod01\productn\M\MIA\65-3\MIA314.txt unknown Seq: 2 27-MAY-11 15:12
Anthropologica, 1998
BC STUDIES an anonymous letter (which has been call for Euro-Canadian accountcirculating around First Nations ability: his work is a valuable resource education for the past twenty years) for those who seek a comprehensive purportedly written by "the mother of overview of Canadian residential an Indian child." Miller's conclusions schools,
Atlantis, 2005
Stories, the contributors addressed the range of issues that Aboriginal women take on as they work to ensure the survival of our communities. A number of them examined the complex legal categories through which Canada classifies Nativeness, and explored how ...
On Politics, 2011
As former National Action Committee president Judy Rebick once said, "Native women are the most vulnerable group in Canadian society." 1 Whether or not they deserve the superlative place as Canada"s most vulnerable group, First Nations women are disproportionately subjected to more violence, poverty, and human and civil rights abuses than most other groups in Canada. 2 Their condition is no doubt deserving of study and rectification. Using the lens of gender as a social position, I will explore First Nations women"s oppression to demonstrate that other factors, such as race and class, intersect to further define their position in relation to the structures of the state. 3 By exploring the themes of poverty, social services, political influence, and violence, this paper will examine the negative impacts of neo-liberal policies on First Nations women, as well as how the Canadian provincial and federal governments are implicated in the further marginalization of a group already on the fringes of society.
Trento Student Law Review , 2020
Historically, Indigenous women have been the target of violence at an alarming rate compared to the non-Indigenous population. This work explores how Indigenous women have used the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) to call for the end of this abuse. The United States and Canada are two North American Federal governments with a strong presence of Indigenous Peoples. Even though Canada and the United States have signed UNDRIP, in North America as many as four in five Indigenous women experience violence in their lifetime. This work looks at how and why there is still such a significant rate of violence against Indigenous women in the U.S. and Canada. In addition, this article surveys the current extent of Indigenous women's participation in the policymaking process. It then explores what changes in law and policy should flow from Indigenous women's activism and in what ways Indigenous women can and should become more involved in the decision-making process. This work also aims to reflect on how the law and policies in the U.S., in Canada and at an international level could more efficiently address the issue. Indigenous women have historically been absent from the decision-making process and even when they are given a voice and their rights are emphasized , for instance with UNDRIP, countries are not complying with their responsibilities on the matter. Consequently, Indigenous women are de facto denied the possibility to participate in the debate, and their claims are left unheard. This article concludes that they should be empowered to advocate for enhanced accountability of the individual countries and the international community alike. In fact, increased participation of Indigenous women in the decision-making process increases the opportunity for Indigenous voices to be heard, in a quest to fight the widespread issue 93 93
This article examines the socio-historical construction of Indian policy and legis
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