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Beyond Gladue: Addressing Indigenous Alienation from the Justice System in Civil Litigation
No full textIn 1999, the Supreme Court of Canada’s seminal decision R v Gladue enunciated principles that recognized systemic bias and inter-generational trauma leading to the overrepresentation of Indigenous Peoples in incarcerated populations. Now, nearly a quarter century later, long- evolving efforts to meaningfully include Indigenous Peoples within colonial legal systems have focused primarily on Indigenous Peoples’ interactions with the criminal justice system. Such efforts have yet to meaningfully reconcile Indigenous legal orders with Canada’s civil justice system. This paper surveys the historical development of Canada’s judicial approaches to reconciliation, and within that context, posits applications of Gladue principles to contemporary civil litigation
Traces and Residues of Migrant Boat Journeys: Reading the ‘MV Sun Sea’ and ‘Komagata Maru\u27
No full textBetween 2009 and 2010, two Thai ships, the MV Sun Sea and Ocean Lady, brought 568 Tamil asylum seekers to Canada’s West Coast. Border authorities seized the ships and detained their passengers as security threats. For many criticizing this anti-migrant response, the arrivals of these ships echoed that of the Komagata Maru in 1914. This steamship entered the West Coast’s Vancouver harbour, but its 376 predominantly Sikh-Punjabi passengers were denied from disembarking as British subjects entering Canada. Scholarship on these incidents often use either the Komagata Maru as a lens for attending to the MV Sun Sea or vice versa. Part of the reason is that shortly after the government had apologized for its response to the Komagata Maru, it was detaining Tamil asylum seekers and arguing for their deportation. In suggesting their link far exceeds a temporal coincidence, this paper explores what makes it possible to think of the MV Sun Sea and Komagata Maru together. It argues that they are interlinked by an economy of affirmation and forgetting in Canadian public and political discourse. Furthermore, this economy frames how these boats are remembered unequally in service of the Canadian nation-state
The Future is Now From Before: Youth Climate Activism and Intergenerational Justice
No full textThis paper draws on data from a qualitative study of youth climate activists in Cyprus to explore the notion of temporality implied in how youth interrogate intergenerational relations in the context of their struggle against climate change and the tensions therein. Acknowledging the structural age inequalities that limit their actions, youth activists drew on multiple temporal frames of present, future, and past to delineate a sense of urgency for action to prevent an irreversible catastrophe in the future and to forge a future of hope. In the process, they invited other/older generations to the climate struggle, an opening that came with expressions of ambivalence among some activists
How Does Learning Happen? Ontario’s Pedagogy of Oppression?: A Critical Discourse Analysis of Ontario’s Early Years Pedagogical Framework
No full textAs Canada begins to establish universal childcare, the market-based neoliberalism of the early learning and care system continues to undervalue, underpay, overwork, and overpolice early childhood educators (ECEs). Ontario’s resource How Does Learning Happen? (HDLH) has been celebrated for its sociocultural stance and identified as transformative and central to the modernization of Ontario’s childcare system. Critical discourse analysis reveals how HDLH and the Ontario Ministry of Education continue to oppress ECEs. The implementation of universal childcare provides an opportunity for the government to include ECEs to make real changes in working conditions, wages, and the provision of quality childcare
Playing with Garbage in Lima, Peru: Social Transformation through Participatory Public Art
No full textNaomi Shields (MA, Art History and Visual Studies, University of Victoria) is an independent researcher based in Victoria, Canada
Four Poems on Borders
No full textThe poems presented here are part of the collection Learning to Breathe, written between 1983 and 1990, after the poet returned to Greece from medical studies in Rome, translated into English from the original Greek by Yannis Goumas
Borders
No full textThis previously unpublished poem emerged after meeting a scholar of border studies at breakfast in the spring of 2023. I was amazed that so many academic careers could be defined by one word: Borders. I began to list all the borders and non-borders that came to mind and found I had written this list poem, embracing many of my own experiences
Letter from the Editor
No full textManaging Editor:Emily Arvay
Associate Editor: Yin Lam
Cover image: Sun Melt by Heliotrope Stardust. Copyright 2023 by The Arbutus Review. Printed with permission.  
