WHITE TERROR, CANADA's INDIAN RESIDENTIAL SCHOOLS and the COLONIAL PRESENT: from LAW TOWARDS a PEDAGOGY of RECOGNITION by Le
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WHITE TERROR, CANADA’S INDIAN RESIDENTIAL SCHOOLS AND THE COLONIAL PRESENT: FROM LAW TOWARDS A PEDAGOGY OF RECOGNITION by Leslie Thielen-Wilson A thesis submitted in conformity with the requirements For the degree of Doctor of Philosophy Graduate Department of Sociology and Equity Studies in Education Ontario Institute for Studies in Education University of Toronto © Copyright by Leslie Thielen-Wilson 2012 WHITE TERROR, CANADA’S INDIAN RESIDENTIAL SCHOOLS AND THE COLONIAL PRESENT: FROM LAW TOWARDS A PEDAGOGY OF RECOGNITION Doctor of Philosophy 2012 Leslie Thielen-Wilson Department of Sociology and Equity Studies in Education University of Toronto ABSTRACT What does it mean to say that settler states have a colonial present? In this thesis, I first draw upon the anti-colonial theory of Frantz Fanon (1963, 1967) and contemporary anti- colonial theorists, to understand the nature of colonial power and settler occupation. I develop the theoretical framework of “white terror as colonial force field” structured by the triadic relation of land—terror—white identity, and emphasize that any given site within a colonial force field must be understood as systematically interrelated with other sites, maintained by a settler collectivity. The old European political rationality of “possessive individualism,” the historical rationale for not only capitalist accumulation but modern liberal law, government, and sovereignty, is especially useful for tracing interconnections (symbolic and material) among sites within a colonial force field. This ideology functions, in Fanon’s words, to “bring settler and native into being” through processes which dehumanize the latter as property. Marking the Indigenous collective as inherently damaged, reconstitutes the settler collective as legitimate occupiers of land. Next, I provide an illustration of this theoretical framework. I argue that the Canadian government and law’s response to Indigenous peoples’ demand for justice regarding the genocidal violence of Canada’s Indian Residential Schools (IRS) must be read within the ii context of a contemporary colonial force field. I trace possessive individualism and the ontological force of property in IRS case law, specifically, R v. Plint, Blackwater v. Plint, Cloud v. Canada and Baxter v. Canada. I also examine the 2006 IRS Settlement Agreement and Canada’s 2008 Apology to “former students” of IRS. I show how discursive strategies on the part of Canada, recuperate and perpetuate anew the familiar relation of colonized and colonizer. Canada’s response is thereby intimately tied to issues of land, white identity and sovereignty today. Finally, I lay the groundwork for an anti- colonial pedagogy of recognition which requires settler occupiers to recognize the re- colonizing moves which reconstitute settlers as racially dominant in relation to Indigenous nations and their lands. This pedagogy has relevance for the Government’s (now unfolding) IRS Truth and Reconciliation Commission, and other anti-colonial social change and education initiatives. iii Acknowledgements I owe my deepest gratitude to my supervisor Dr. Sherene Razack. A brilliant scholar and dedicated teacher, Sherene’s analysis of the violence of settler colonialism and her insistence that all non-Indigenous Canadians think about our relation to “the land beneath our feet,” both initiated and shaped my own understanding and examination of the colonial present. I thank her for her inspirational commitment to the work of anti-colonial critique and social change, and for her belief in my ability to contribute to this important work through this thesis. It was an honour to write this thesis under her supervision. I am also grateful to my thesis committee for their rigorous and enthusiastic engagement with this thesis. Dr. Kari Dehli and Dr. Tanya Titchkosky provided critically insightful suggestions for improving my theoretical framework and data analysis. I have learned so much from each of them in this process. My external examiner, Dr. Verna St. Denis, offered invaluable critical feed-back with great encouragement and generosity of spirit. Her expertise in pedagogy has inspired me to think more carefully about how to teach about the violence of colonialism. Internal-external examiner Dr. Martin Cannon, has compelled me to think about some surprisingly complex dimensions to settler identity. Thank you all. My friends, who are my family, among them especially Martha Ayim, Maryann Ayim, and Mavis Jones, have been a source of unconditional love and support, joy and inspiration over the past few decades of my life. With respect to this thesis, their daily encouragement and patience, during what at times seemed an endless writing process, gave me the determination to persevere. A special thank you to Mavis in this regard, for her tireless moral and practical support, and for her discerning feed-back on every chapter at every stage of writing. Thank you to Christine Giese for many sparkling conversations regarding social justice pedagogy, to Gloria Alvernaz Mulcahy for sharing her wisdom about settler colonialism with me, to Sandy Morton, Janine Burigana, Jacquie McGann, Anna Ziolecki, and Carmela Murdocca for encouragement. Thank you also to Shaista Patel, Carol-Lynne D’Arcangelis, Laura Kruk, Nashwa Salem, Zahra Rasul and Tammy George for their invaluable critique of my thesis. Gifts of time, energy, and computer expertise made the completion of this thesis possible. Thank you to Lynn Caldwell, Larry Brookwell, Ilya Brookwell, Rob Nuttall, and Michael Doering. Finally, thank you to Martha Ayim, Maryann Ayim, and my late friend Joan Mason- Grant, for financing my return to university. Their amazing generosity, together with the research employment opportunities made possible by Dr. Razack, enabled me to complete this degree. I also thank the Social Sciences and Humanities Research Council for a one year doctoral fellowship. iv Table of Contents ABSTRACT ............................................................................................................................. ii Acknowledgements ................................................................................................................ iv Chapter 1: Introduction ......................................................................................................... 1 1.1 Nature of the Project and Situating the Study ............................................................... 1 1.1.1 “Speaking Truth to Power”: Naming the violence of Indian Residential Schools .. 2 1.1.2 “Just for being who we are”: Land and White settler identity.................................. 6 1.1.3 Towards a Critical Pedagogy of Recognition ............................................................. 8 1.2 Theoretical Framework .................................................................................................. 11 1.2.1 White Terror as Colonial Force-field ......................................................................... 12 1.2.2 Possessive Individualism and the Ontological Force of Property ........................... 13 1.2.3 The Productive Function of Law: The Violence of Assertion, Eviction, Recognition, and Re-colonization ...................................................................................... 14 1.3 Method of Analysis of Legal and Government Discourse re: IRS ............................. 15 1.4 Contribution of the Study .............................................................................................. 17 1.5 Chapter Summaries ....................................................................................................... 20 Chapter 2: Theorizing the Colonial Present: White Terror as Colonial Force Field ..... 26 2.1 “The historical constant of terror at home” ................................................................ 27 2.2 Theorizing the Present as Colonial .............................................................................. 36 2.2.1 Colonial Terror as Force-Field ................................................................................... 38 2.3 Recognizing Settler Colonialism: Land, Terror and White Identity ......................... 42 2.4 Possessive Individualism: Land as Internal to White Identity .................................. 53 2.4.1 A Closer Look at the Existential premise to Property............................................. 62 2.4.2 Contemporary Examples of Possessive Individualism and Property Relations ... 64 2.5 Law and White Terror: Eviction, Assertion, Recognition, Re-colonization ........... 68 2.5.1 Law and the Violence of Eviction and Assertion ...................................................... 69 2.5.2 Law and the Violence of Recognition and Re-colonization ...................................... 77 Conclusion: “The Whole Picture”: Land—Terror—White Collective Identity ............. 85 Chapter 3 Methodology: Tracking the White Collective Body and the Colonial Present in Government and Legal Discourse regarding “Indian Residential Schools” ............. 87 3.1 Naming the Violence of Canada’s “Indian Residential Schools” .............................. 89 3.2 Canada’s Response: The Political and Legal Re-framing of IRS Violence ............... 96 3.3 Theoretical Framework and Method of Analysis ...................................................... 103 3.3.1 Tracing Contours of the Colonial Force Field: Hook’s Lateral Linkages ............ 104 v 3.3.2 Tracking the White Collective Body: Mohanram’s Fanonian Method ................ 106 3.4