Path Of Decolonization: Indian Residential School Case Analysis

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Article Analysis: Troubling the Path of Decolonization Indian Residential School Case Law, Genocide, and Settler Legitimacy In the article Troubling the Path of Decolonization: Indian Residential School Case Law, Genocide, and Settler Legitimacy the author, Leslie Thielen-Wilson, attempts to prove that the European settlers asserted their power over the Native people by treating them as subhuman and regarding them as settler property that had no control over their memories, thoughts, desires, and/or emotions. Through the analysis of some IRS civil cases, Thielen-Wilson argues that the treatment of the Native population at the hands of European settlers served to create a multi-generational legacy of colonialism as well as a system of Native …show more content…
Plint litigants MJ and FLB, as well as the judicial decisionmaking process delivered by Brenner J. The Blackwater case was filed in the year 1996 and began when a litigant went to court in an attempt to convict Arthur Plint, an Alberni Residential School (AIRS) supervisor between the 1950’s and 1960’s who was charged with 16 cases of indecent assault against Aboriginal boys. Ultimately, Plint pleaded guilty to the 16 counts of indecent assault and was sentenced to 12 years in prison. This resulted in many civil cases being filed by IRS survivors against both the Canadian Government and the United Church of Canada for reparations for the physical, emotional, and mental pain that was insured by the survivors. The Blackwater v. Plint case ultimately took place between 1996-2005 and grew to encompass the compensation of 27 litigants against teachers, supervisors, and administrative staff of …show more content…
In her article Thielen-Wilson examines two different IRS cases; the Blackwater v. Plint case and the Baxter v. Canada case. She analyzes these cases in an attempt to prove that “colonial power continues to operate through law in the present” (Thielen-Wilson, 2014). She effectively analyzes the testimonies outlined by witnesses MJ and FLB as well as Justice Brenner’s judicial reasoning and was able to prove that modern legal proceedings continue to favour those who shaped the laws (the European settlers) over the Native population. An example of this is Justice Brenner’s tendency to show “individual possessiveness” in his judicial reasoning (Thielen-Wilson, 2014). This trait is exhibited by Brenner J’s decision that the plaintiff’s memory is accurate when recalling the abuse they experienced at the hands of Plint, it is not accountable when recalling the alleged abuse that they experienced at the hands of other AIRS employees (teachers, supervisors, administrative staff, etc.). Another example of this is the court’s classification of Canada’s native population as a “mass of neediness” (Thielen-Wilson, 2014). Through Thielen-Wilson’s extensive analysis of case law she was able to prove, beyond a reasonable doubt that racial inequality still exists against the Native population in the judicial

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