Beyond Blood: Rethinking Indigenous Identity

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UBC Press, May 13, 2011 - Law - 280 pages
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The current Status criteria of the Indian Act contains descent-based rules akin to blood quantum that are particularly discriminatory against women and their descendants, which author Pamela Palmater argues will lead to the extinguishment of First Nations as legal and constitutional entities. Beginning with an historic overview of legislative enactments defining Indian status and their impact on First Nations, the author examines contemporary court rulings dealing with Indigenous identity, Aboriginal rights, and the Canadian Charter of Rights and Freedoms. Palmater also examines band membership codes to determine if their reliance on status criteria perpetuates discrimination. She offers changes for determining Indigenous identity and citizenship and argues that First Nations must determine citizenship themselves.

 

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Contents

FOREWORDS by First Nations Chiefs
7
ACKNOWLEDGMENTS
11
A Mikmaq Woman
13
LEGISLATED IDENTITY CONTROL DIVISION AND ASSIMILATION
28
THE RIGHT TO DETERMINE CITIZENSHIP
55
THE RIGHT TO BELONG CHAPTER EQUALITY FOR INDIGENOUS PEOPLES
101
BAND MEMBERSHIP VS SELFGOVERNMENT CITIZENSHIP
143
Beyond Blood
211
Comparing the status of my grandmothers line to my familys line had she been a grandfather
227
NOTES
228
INDEX
270
About the Author
280
Copyright

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About the author (2011)

Dr. Pamela Palmater teaches politics at Ryerson University and holds a JSD in law from Dalhousie University. She was denied Indian status as a Mi’kmaq because her grandmother married a non-Indian.

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