Josiah Wilson, the Indian Act, hereditary governance and blood quantum

2016/07/11 Leave a comment

Fascinating account of the different aspects of identity, ranging from bloodline requirements to culture, and the challenge this poses across a number of fronts:

The story of Josiah Wilson, the Haiti-born, Heiltsuk First Nation adopted basketball player, has raised questions of Indigenous identity much bigger than whether he should be allowed to play in an All-Native Basketball Tournament in B.C.

The tournament committee’s decision to ban Wilson, 20, a status Indian, because he doesn’t have at least 1/8th First Nations ancestry or “blood quantum” is a symptom of a greater conflict.

This conflict lurks in band offices, treaty offices, on the land and on reserves across the country.

What, or who, defines someone as Indigenous — is it the hereditary system, the Indian Act, a blood test?

According to the Canadian government, Wilson is an “Indian.” According to the Heiltsuk, he is Heiltsuk. And according to the All-Native Basketball Tournament, he is an adoptee, Canadian and Haitian, but not Heiltsuk.

Heiltsuk hereditary system

In the eyes of the Heiltsuk Hemas (hereditary chiefs), Wilson is Heiltsuk. The Hemas embody the Heiltsuk Nation’s traditional social structure and hereditary system of governance, which identifies members through cultural protocol and a connection to family crests and clans.

Heiltsuk Hemas standing with Haida Hereditary Chiefs

In the eyes of the Heiltsuk Hemas (hereditary chiefs), Josiah is Heiltsuk. Here, Heiltsuk Hemas are shown with Haida hereditary chiefs. (Don Wilson/Facebook)

Heiltsuk cultural adviser Frances Brown says the hereditary system is a complex set of laws that governs not only a responsibility to the land, but also social relationships to one another, including adoption.

“If there’s a customary adoption it means that you adopt a child and you do it in a potlatch where there’s many witnesses and the chiefs are there,” said Brown.

Gary Housty was one of the Heiltsuk Hemas to witness the ceremonial adoption of Wilson by a First Nations family. He says he wrote a letter to members of the all-native committee urging them to let Wilson play, but received no response.

“I really have a problem with the way they’re setting down rules that disallow people to participate in these very important cultural events, such as the All-Native Tournament. There’s so much culture there. And we are talking about culture here.

“In my eyes Josiah is a Heiltsuk boy, a Heiltsuk person. He belongs here with us,” said Housty.

Source: Josiah Wilson, the Indian Act, hereditary governance and blood quantum – Aboriginal – CBC

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Indigenous peoples: In Canada, justice is not blind

2016/02/19 Leave a comment

The high numbers regarding indigenous incarceration rates are shocking. Comparable to Black incarceration rates in the USA:

While admissions of white adults to Canadian prisons declined through the last decade, Indigenous incarceration rates were surging: Up 112 per cent for women. Already, 36 per cent of the women and 25 per cent of men sentenced to provincial and territorial custody in Canada are Indigenous—a group that makes up just four per cent of the national population.

This helps explain why prison guard jobs are among the fastest-growing public occupation on the Prairies. And why criminologists have begun quietly referring to Canada’s prisons and jails as the country’s “new residential schools.”

In the past decade, the federal government passed more than 30 new crime laws, hiking punishment for a wide range of crimes, limiting parole opportunities and also broadening the grounds used to send young offenders to jail. At the same time, it has been ignoring calls to reform biased correctional admissions tests, bail and other laws disproportionately impacting Indigenous offenders. Instead, it appears to be incarcerating as many Indigenous people as possible, for as long as legally possible, with far-reaching consequences for Indigenous families.

But the problem isn’t just new laws. Although police “carding” in Toronto has put street checks, which disproportionately target minority populations, under the microscope, neither is racial profiling alone to blame. At every step, discriminatory practices and a biased system work against an Indigenous accused, from the moment a person is first identified by police, to their appearance before a judge, to their hearing before a parole board. The evidence is unambiguous: If you happen to be Indigenous, justice in Canada is not blind.

“What we are doing is using our criminal justice system to defend ourselves from the consequence of our own racism,” says Toronto criminal lawyer John Struthers, who cut his legal teeth as a Crown attorney in remote, northern communities. Rather than treat trauma, addictions, he says, “we keep the doors closed.”

Source: Cover preview: In Canada, justice is not blind – Macleans.ca

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