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Law Indigenous Peoples

Beyond Blood

Rethinking Indigenous Identity

by (author) Pamela D. Palmater

foreword by Bill Montour, Candice Paul, Lawrence Paul & Isadore Day

Publisher
UBC Press
Initial publish date
Apr 2011
Category
Indigenous Peoples, Indigenous Studies, Native American Studies
  • Paperback / softback

    ISBN
    9781895830606
    Publish Date
    Apr 2011
    List Price
    $35.00
  • eBook

    ISBN
    9781895830712
    Publish Date
    May 2011
    List Price
    $125.00

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Description

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.

About the authors

Contributor Notes

Dr. Pamela Palmater is a Mi’kmaq lawyer from the Eel River Bar First Nation in northern New Brunswick. She has two children, Mitchell and Jeremy, and a large extended family. Currently, she holds the position of Associate Professor and Chair in Indigenous Governance in the Department of Politics and Public Administration at Ryerson University. Pamela has worked for the federal government on Indigenous legal and governance issues, and has held several director positions at Indian and Northern Affairs Canada.

 

She completed her doctorate in the Science of Law at Dalhousie University Law School in 2009. She holds a Master of Laws from Dalhousie University in Aboriginal Law, a Bachelor of Laws from the University of New Brunswick, and a BA with a double major in Native Studies and History from St. Thomas University in New Brunswick.

 

She has published articles related to Aboriginal and treaty rights and has her own website dedicated to these issues. She has specialized in Indigenous identity issues, which include Indian status, band membership, and self-government citizenship and traditional Indigenous citizenship.

 

She is active in the Indigenous community, volunteering as a board member of Native Child and Family Services Toronto as well as ongoing work with First Nations in Ontario. She regularly appears as a commentator on APTN and has appeared before the House and Senate as an expert witness on legislation affecting Indigenous peoples.