Beyond Blood

Rethinking Indigenous Identity

Nonfiction, Social & Cultural Studies, Social Science, Cultural Studies, Native American Studies, Reference & Language, Law
Cover of the book Beyond Blood by Dr. Pamela D. Palmater, UBC Press
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Author: Dr. Pamela D. Palmater ISBN: 9781895830712
Publisher: UBC Press Publication: May 13, 2011
Imprint: Purich Publishing Language: English
Author: Dr. Pamela D. Palmater
ISBN: 9781895830712
Publisher: UBC Press
Publication: May 13, 2011
Imprint: Purich Publishing
Language: English

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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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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