Cultivating ignorance of Aboriginal realities

The principal problem in Aboriginal education in Canada is the education of Canadians. This article exposes Canada's long history of ignorance of Aboriginal Peoples and suggests that while education may not be the source of ignorance, it is now perpetuating it. Using the Ontario secondary school curriculum as an example, this article looks at mainstream Canadian and World Studies, of which geography is an integral part, and Native Studies courses, offered in Ontario since 1999, but available for study to few young Ontarians. Curricular reforms during recent decades have removed the worst expressions of racism, but have not addressed fundamental colonial attitudes in the mainstream curriculum. As a citizenry we are complacent about a deep‐seated ignorance of the country's past and present, affecting both Aboriginal and non‐Aboriginal Canadians. Lack of interest in traditional and modern Aboriginal cultures doom immigrants and established settlers to a dysfunctional relationship with the growing and increasingly internationally recognized indigenous population. As university educators and teachers of teachers, geographers must assume responsibility for promoting truthful and inclusive perceptions of Aboriginal Peoples in Canada and, in recognizing the subtle strategies of cultivating ignorance, examine how geography as it is currently taught in schools might exclude Aboriginal People and understanding.     

Labours of land: domesticity,wilderness and dispossession in the development of Canadian uranium markets

This article examines the role played by gendered constructions and categories in Canadian cold war appropriations of Aboriginal lands for nuclear production. Focusing primarily on the ways in which gendered tropes were mobilized by wives and companions of uranium workers recently arrived in the Serpent River watershed (home of the Serpent River Anishinabe) at the end of the first global uranium boom in which uranium production in the watershed was severely threatened, I explore how gendered constructions and categories provided important cartographies and reference points with which to order and maintain possession of the lands of the Serpent River watershed as a singular, Canadian, nuclear space. Drawing on Kaika's (2004) work on the discursive production of ‘home’, I argue that representations of the watershed as home in the wilderness and as imperilled domestic space, as well as the important ways in which they worked to secure discursive rights to space within the broader registers of white Canadian post war gender difference, relied on the near-complete erasure of Aboriginal presence and culture from the land for continuity. I conclude that while this erasure facilitated (morally and practically) the further incorporation of the watershed into Canadian geographies of nuclear production, it also worked to obscure the ways in which the industry and uranium economy were able to capitalize on Aboriginal lands, labour and their subordinate position in Canadian society.     

‘If anything is to be done with the Indian,we must catch him very young’: colonial constructions of Aboriginal children and the geographies of Indian residential schooling in British Columbia,Canada

Although not fully conceptualized as such by geographers, children and concepts of childhood were focal points of colonialism. Well into the twentieth century, Aboriginal peoples in Canada were discursively constructed by colonists as child-like subjects in need of colonial intervention in order that they ‘grow up’ into de-Indigenized Canadian citizens. Further, an important aspect of the colonial project entailed confining Aboriginal children in institutions known as Indian Residential Schools wherein, through material and curricular means, efforts were made to transform the children and dispossess them of socio-cultural identities. Much of the literature on children's geographies contemplates the socially constructed nature of childhood and critiques the pervasive (yet under-evaluated) understanding that childhood is a clear and demarcatable state of being prior to adulthood. Little attention, though, has been paid to historic or social discourses that relegated groups of people to a perpetual state of truncated childhood while simultaneously removing their children in order that those children mature into adults who embodied radically different cultural traits than their ancestors. This paper explores how Aboriginal peoples were doubly confined; firstly, by colonial constructions about children, childhood, and Othered (Aboriginal) peoples and then, secondly, within the material geographies of colonial residential schools.     

Common usage,presumption and verisimilitude in sixteenth-century theories of juridical interpretation

The question of how common usage could be constitutive for the meaning of linguistic expressions has been discussed by Renaissance philosophers such as Lorenzo Valla, and it also played an important role in Renaissance theories of juridical interpretation. An aspect of the analysis of common usage in Renaissance theories of juridical interpretation that concerns the role of presumption has not yet found much attention. Renaissance jurists such as Simone de Praetis, Nicolaus Everardus, and Aimone de Cravetta saw that both the usage of Latin by practitioners of law and the vernacular common usage of ordinary people often differed from the technical definition of legal concepts as laid down by ancient jurists or modern legislators. In some cases, they ascribed both to Latin and to vernacular common usage the power of changing the meaning of juridical terms. Still, they were aware of the fact that matters of common usage involve always a degree of uncertainty. The methodological notion of presumption is one of the concepts that figured most prominently in Renaissance approaches to the problem of uncertainty, and, in particular, it was applied in the analysis of meaning-change of legal concepts through common usage.     

“I Was Following Orders”: An Ancient Greek Archetype of Modern War Crime Legislation

Abstract

This article discusses Lysias’ Against Eratosthenes as an ancient Athenian instance of the superior orders plea, a line of defence made notorious during the Nuremberg trials, which in turn became the cornerstone of modern war crime legislation. Whereas the pre-Nuremberg jurisdiction largely embraced the principle of superior responsibility, whereby a subordinate executing criminal orders was not to be held liable for them, the trials of the Nazi war criminals brought about a complete reversal of this doctrine. While remaining faithful to the spirit of the Nuremberg jurisdiction, the subsequent legislative acts (which dealt, among other things, with the atrocities committed in the former Yugoslavia) sought to further elaborate its underlying principle of absolute liability, in order to precisely determine the question of guilt and innocence. I argue that despite the close relationship between modern legal systems and Roman law, which fully embraced the doctrine of superior responsibility, it is in the juridical thought of ancient Athens that one finds the archetype of contemporary war crime legislation.     

The Great Shoe Store Robbery1

This article contributes to the significant debate on the effects of the Australian criminal justice system on Aborigines and in particular Aboriginal youth. This debate fed into nation-wide concern over an ever increasing number of Aboriginal deaths in custody, recently culminating in the Federal Royal Commission into Aboriginal Deaths in Custody. Through the use of case studies and other ethnographic data drawn from investigations in the country town of Port Augusta, South Australia, the author illustrates how the agents of the legal and welfare systems in this state operate to present a view of Aboriginal juvenile crime as a normal response to these children's social environment and social conditioning. This process in turn, it is argued, reinforces and legitimates Aboriginal juvenile crime and contributes to its continuance, and the subsequent over-representation of Aboriginal youths at all stages of the juvenile justice system. Yet it is forcefully pointed out that Aboriginal children are not passive victims of the legal and welfare systems. Rather, they form their own interpretations of these systems and their ‘criminal’ activities are often attempts at defiance and capturing some form of control of their own lives in the face of a legal/welfare system seeking to impose control over them. Unfortunately, it is these very activities which return Aboriginal children to the legal and welfare systems they act against.     

Aborigines,mining companies and the state in contemporary Australia: A new political economy or ‘business as usual’?

Since the early 1990s major changes have occurred in the legal, policy and institutional context within which mineral development occurs on Aboriginal land in Australia. This article assesses whether these changes have substantially enhanced the capacity of Aboriginal people to control mining and share in its benefits. It examines, in turn, the major actors involved in mineral development in Australia, the policy positions they are adopting and the way in which they are behaving in relation to mining on Aboriginal land. It concludes that while some Aboriginal groups are gaining greater control over resource development, many have failed to do so, reflecting the fact that the legal, policy and institutional environment remains largely hostile to Aboriginal interests. Only adoption by Aboriginal people of effective political strategies operating on a number of scales can change this situation.     

Environment, race and nation reconsidered: reflections on Aboriginal land claims in Canada

The course of development in Northern Canada has been transformed in the last 30 years by the comprehensive land claims process. For much of the twentieth century, the settlement and development of northern Canada was experienced by Aboriginal people as a continuing process of encroachment on (and sometimes transformation of) their traditional territories, and of restriction of their customary livelihood. Examples of this process included the alteration of river systems by impoundment and diversion, the pollution and contamination of river systems, government restrictions on hunting and fishing and population relocation and sedentarization. Aboriginal political and legal action led, in the 1970s, to the establishment of a formal process for resolving Aboriginal land claims, and to revised judicial interpretation of Aboriginal and treaty rights. The paper describes how geographers have contributed to documenting those claims, and how land claims settlements have altered the land and resource regimes in northern Canada, and concludes with some observations on the effectiveness of those remedies, and on the changes in Canadian perspectives on Aboriginal northerners, the northern environment and northern development .     

(Post)Colonial [1] Encounters: gendered racialisations in Australian courtrooms [2]

This article identifies how the Australian legal system has generated knowledge about ‘traditional’ gender relations in Aboriginal Australia. Using a sample of artefact cases from the Australian judicial system, constructions of Aboriginal gender relations are mapped. By tracing knowledge production in these cases, it demonstrates how the non-Aboriginal Australian legal system has fabricated its own versions of ‘Aboriginal Customary Laws’, or Aboriginal ‘traditions’ about violence committed by Aboriginal men, against Aboriginal women. (Post)colonial understandings about the Aboriginal ‘other’ have occupied spaces in legal understandings and then been enforced in law. The Australian judicial system itself is therefore guilty of perpetuating and privileging the ‘colonial’ in these encounters.     

Not told by victims: genocide-as-story in Aboriginal prison writings in Canada, 1980–96

When criminalized Aboriginal peoples serving time in Canadian prisons wrote in penal presses, they often used genocide as a framework to discuss both their personal life histories and the colonial history that led to overrepresentation of Aboriginal peoples in prisons. Genocide, though, is not a straightforward idea, and the ways that Aboriginal prisoners wrote about genocide differed significantly from how scholars or politicians used the term. By interpreting these writings within Aboriginal storytelling traditions, this article illuminates the lived experience of genocide, how those experiencing incarceration viewed genocide within their belief structures, the ways that genocide became a critique against the Canadian government, and the spiritual basis for discussion of genocide. By reading Aboriginal prison writings as valuable intellectual pursuits, we can begin to interpret genocide within frameworks that differed from the insights from academia. First, genocide was experienced as part of both colonial and personal processes, meaning it was experienced at the community level and in personal violence in pre-carceral lives. Second, by telling stories of genocide, prisoners asserted their own survival, which reflected the goals of their organizations and functioned as a political critique against the Canadian government. Third, genocide became an identity-shaping force in the lives of criminalized Aboriginal peoples, which in turn shaped their experience of incarceration. Finally, genocide was not uniformly experienced, as it had important gendered differences. This article shows the nuance in prisoners' discussions of genocide by proposing a new way of interpreting genocide within Aboriginal history in Canada by analysing penal publications as part of Aboriginal storytelling traditions, what the author refers to as ‘genocide-as-story’.     

Tribal Sovereignty and the Problem of Difference in Environmental Regulation: Observations on “Measured Separatism” in Indian Country

Abstract: The legal and juridical sovereignty of American Indian nations is supposed to help Native peoples maintain their own distinct political and cultural communities. In the context of environmental issues, this means that tribal governments have both the inherent and statutory right to set their own environmental standards, which have the potential to protect tribal peoples and their natural resources in culturally relevant ways. In the past, the US Supreme Court has sought to curtail this kind of sovereignty when the due process of non‐Indians might be hindered. In this article, we look at why tribal environmental sovereignty can and should address the issues of due process in the context of environmental regulation in tribal borders, and make a call for this to be done in a way that supports American Indian tribal sovereignty. Moreover, we connect these issues to the current legal and juridical struggles of other environmental justice groups and the need for more meaningful participation in environmental regulation within the nation‐state for all cultural minorities.     

Connection between the Legal Knowledge and Social Background of Sports Coaches at Iranian Universities

This study investigates university coaches' knowledge about their legal duties toward their athletes, as well as the connection between the level of their legal knowledge and their educational, social and economic background. The results are presented according to three major dimensions: deficiencies in the coaches' training system, in their knowledge concerning their legal responsibility and the coaches' social recognition regarding their profession. The findings indicate that the coaches' training in Iran has a lot of weaknesses, including the neglect of legal issues, the consequence of which is that the Iranian university coaches do not have sufficient knowledge about the legal issues in general and they are not aware of their duty toward their athletes in particular. In Iran coaching is not considered as a prestigious occupation; in terms of social status coaches belong to the lower middle class.     

Aboriginal people and Canadian geography: a review of the recent literature

A review of recent literature by Canadian geographers on Aboriginal people in this country suggests an increased focus on this important topic. This paper is organized by two main sections: the dispossession of Aboriginal peoples from their land and rights, and current attempts to contest and to redefine Aboriginal people's places in contemporary Canadian society. In both sections, I address representational strategies which transformed Aboriginal peoples and their lands conceptually, and the material transformations which accompanied them. I highlight evidence of Aboriginal people's responses wherever this material is available. Some remaining challenges to Canadian geographers are: integrating the research of people working as researchers for Aboriginal organizations, and institutions working with Aboriginal people into the academic milieu; including the voices of Aboriginal peoples in our research; and addressing under‐represented topics including urban Aboriginal peoples, reserve geographies, Métis peoples and Aboriginal women. Une revue des travaux des géographes canadiens au sujet des Aborigènes de ce pays révèle que ce sujet d'étude important reçoit de plus en plus d'attention. Cet article est composé de deux sections principales: la thématique de la dépossession des terres et de la privation des droits des Aborigènes, et les tentatives actuelles de contestation et redéfinition de leur place dans la société canadienne contemporaine. Dans les deux sections, j'aborde les stratégies de représentation qui ont transformé les Aborigènes et leurs terres du point de vue conceptuel, ainsi que les transformations matérielles qui les ont accompagnées. j'attire l'attention sur la réaction des Aborigènes à chaque fois que cette information peut être vérifiée. Certains défis sont encore à relever par les géographes canadiens: intégrer, d'une part la recherche effectuée pour le compte d'organisations aborigènes et d'autre part les institutions oeuvrant de concert avec ces peuples, dans le milieu universitaire; inclure le point de vue des Aborigènes dans notre recherche; et s'attaquer à des sujets encore trop négligés, notamment les Aborigènes en milieu urbain, la géographie des réserves, les Métis et les femmes aborigènes.     

Reconsidering the Antiquity of Trade on Madeline Island: A View from the Cadotte Site in Northern Wisconsin

Abstract

The Cadotte site, excavated in 1961, is often cited in archaeological and ethnohistorical literature as an example of a short term, mid-seventeenth century refugee encampment of the Huron and/or Odawa circa 1660–1670. A closer examination of the site assemblage has resulted in a reassessment of the general assumptions regarding the site and its use by Huron and Odawa during the mid-seventeenth century. The ceramic assemblage indicates that the site was occupied much earlier and for a longer period than previously understood, circa 1620–1670. This is supported by the European trade goods assemblage. It is also argued that the site served a specialized function, as a place of seasonal rendezvous for the Ontario Odawa and their central Algonquin trading partners. Further, the character of the pottery suggests that a portion of the sample may reflect Algonquin mimicry of Ontario Wendat traditions. The revised understanding of the time depth and function of the site, as well as the character of its associated ceramic assemblage, has also prompted the reconsideration of the identity of the Algonquin groups who visited the island, and the antiquity of the Ojibwe presence at this locale.     

Biodiversity and Sectoral Responsibility in the Development of Swedish Forestry Policy, 1988–1993

In 1993 the Swedish parliament deregulated national forestry policy and established an environmental goal in parallel with the previous, long-standing goal of high wood production. This paper shows how the change occurred in the context of major changes in Swedish environmental policy during the late 1980s and early 1990s. Within a short time, new environmental legislation and the introduction of legal protection for small forest and agricultural habitats of high ecological value reoriented national forestry policy, away from an overriding focus on wood production to an increased awareness of nature conservation and biodiversity preservation. Reflecting a major compromise with the state, forest owners have gained greater freedom to manage their land, but must also improve environmental conditions while achieving high wood production, a policy known as ‘freedom under responsibility’. The paper explains how both the parliament and industry supported increased nature conservation and biodiversity to maintain forest health and support the forestry industry, by favouring responsible resource use and not simply protection from human influence.     

Partnerships for Social Change in the Canadian North: Revisiting the Insider–Outsider Dialectic

In the two decades since Alexander Lockhart's seminal article on the insider–outsider dialectic in native socioeconomic development, a great deal of change has occurred in the Canadian North and new challenges have emerged for community‐based participatory research and development. This is particularly the case in the Northwest Territories, where Aboriginal communities are facing for the first time the triple challenges of Aboriginal land claims implementation, Aboriginal self‐government, and a boom in mining and petroleum development. Increasingly, participatory methods in research and community development are being co‐opted to serve state or corporate interests, far from their radical origins in movements for social change. A historical analysis is called for that accounts for the contradictory and contested social contexts in which participatory activities are imbedded. This article suggests that a return to the roots of the participatory method requires the creation of a new autonomous space of resistance. The academic outsider is uniquely positioned to facilitate critical interventions in both community and university contexts. The resulting convergence of critical outsider and insider has great potential in the forging of new knowledge that can contribute to self‐determination beyond the bounds of the state.     

Assimilation and Exclusion of Foreign Trained Engineers in Canada: Inside a Professional Regulatory Organization

Professional labour markets in Ontario, Canada, are culturally regulated to the disadvantage of foreign‐born and foreign‐trained immigrant practitioners. In this paper we draw on Pierre Bourdieu's concepts of institutionalized cultural capital and habitus to examine processes of distinction between foreign and Canadian‐trained professionals. Based on fieldwork investigating Ontario's professional engineering regulatory system as a case study, we interpret institutionalized cultural familiarity in the licensing criteria enforced by regulatory bodies as processes of distinction that undermine immigrants' access to the engineering profession relative to Canadian‐born and Canadian‐trained applicants. In addition to assessing the value of non‐Canadian credentials, regulatory bodies attempt to reproduce the social and cultural integrity of the professional membership by requiring applicants to internalize cultural norms specific to the profession as it is practiced in Canada. Licensing procedures can thus facilitate the cultural exclusion of immigrant practitioners     

AHS Classics: Rural History and Environmental History

Studying rural history and environmental history in Australian Historical Studies reveals a shared effort to challenge the colonial narrative of the settlement of rural Australia that continues to hold sway in popular representations of the national past. Rather than finding distinct spheres of urban and rural Australia, it reveals instead the processes by which these areas have been mutually constitutive, whether through cultural representations, economic exchanges, or the application of science and technology. Rather than confirming the dichotomy of nature and culture of the city and the bush, it highlights instead the wider cultural and ecological implications of settler Australians’ diverse engagements with an ancient and Aboriginal land. By transcending disciplinary and spatial boundaries, rural and environmental historians reveal the complexities of colonisation and the networks of exchange that have shaped Australians and their environments since 1788. In their hands, history becomes an important form of knowledge for making sense of rural and environmental change in the twenty-first century.     

Politics and the Cultural Landscape: The Case of Aboriginal Land Rights

In this paper Aboriginal land rights are analysed from the perspective of a disadvantaged group seeking access to a scarce resource controlled by external agents. The Aboriginal participants in land rights politics are found to be actively seeking ways in which their interest in the land can most effectively be communicated to external groups which have constructed well-formed, but often distorted images of what constitutes a genuine Aboriginal interest in the land These externally constructed notions of Aboriginality and what constitutes a valid land claim are influencing the concepts used by Aboriginal groups in the public political arena to demonstrate their unique interest in the land In this paper three examples of this process are explored- the emphasis of a specific gender model, the emphasis on spatially discrete sacred sites and the emphasis on the bounded tribal territory.     

Bushwalking in Kakadu: a study of cultural borderlands

This paper examines the relationship between the contested domains of Aboriginal traditional owners and non‐Aboriginal Park users, specifically bushwalkers, in Kakadu National Park in the Northern Territory of Australia. It argues that Kakadu remains a cultural borderland where a negotiated relationship between local Aboriginal traditional owners and non‐Aboriginal Park users is struggling to emerge. It finds that the rhetoric of Aboriginal/non‐Aboriginal co‐existence, which pervades the Park, is infused by the legacy of a colonial settler state, which has presumed access to territory, marginalized Indigenous people and obviated their social and cultural landscape in favour of an expansionist aesthetic of wilderness preservation and appreciation. This paper finds that the activities of bushwalkers and the concerns that these activities generate in the local Aboriginal domain produce a novel space where place is contested and transformed, a space of negotiation and resistance where people's cherished values both compete with and influence one another.