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Arbutus Review

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This is an Open Access Journal

Open Access journal
ISSN (Print) 1923-1334
Published by University of Victoria

[7 journals]

Editor's Introduction
- Authors: Adam Gaudry
  Abstract: The University of Victoria, in many ways, is a special place. It is one of the few universities in Canada where Indigenous issues are taught, discussed, and debated with the attention and care they deserve—and thanks to a cadre of excellent faculty and instructors, the debate has been a respectful one. The sizeable Indigenous faculty presence on campus, as well as a variety of programming options has created a healthy space for Indigenous scholarship. Perhaps one of the most important aspects of UVic is the constant acknowledgement that UVic is situated on the lands of the Coast and Straits Salish people. The presence of local Indigenous peoples—students, faculty, staff, and community members—as well as Indigenous peoples from further afield, makes for an enriching intellectual and social environment for those of us who study Indigenous issues here. In this atmosphere, learning extends to places outside of the classroom and provides for dynamic relationships with new people from different places with different perspectives. The University of Victoria has, quite deservedly, also developed a reputation as a world leader in Indigenous Studies, something that I have been reminded of at the many conferences I have attended across the continent. It is well known for producing some groundbreaking scholarship and attracting world-class students.
  PubDate: 2012-12-05
  Issue No: Vol. 3 (2012)
Fiduciary Relationship as Contemporary Colonialism
- Authors: Christina Yui Iwase
  Abstract: Aboriginal rights as inherent rights deriving from Aboriginal peoples’ historical occupation of North America (i.e. sovereignty) are recognized and affirmed in Section 35(1) of the Canadian Constitution Act, 1982. Despite the fact that this constitutional protection recognizes the sui generis nature of the Crown-Aboriginal relationship, there is a recent tendency in the Supreme Court of Canada to comprehend Aboriginal rights by characterizing the Crown-Aboriginal relationship as fiduciary. This paper discusses the danger of recognizing Aboriginal rights through the lens of a Crown-Aboriginal fiduciary relationship. This type of recognition entails: (1) authorizing excessive fiduciary discretion by the Crown, as opposed to focusing on its obligations; (2) failing to reflect the Aboriginal perspective on Aboriginal rights, which are derived from Aboriginal sovereignty; (3) fundamentally distorting the nature of Aboriginal rights by creating a myth that Aboriginal rights were created by the Canadian constitution; and (4) as a result, creating vulnerability on the Aboriginal side by making Aboriginal peoples tacitly consent to the Crown’s de facto sovereignty. If the Court’s characterization of the Crown-Aboriginal fiduciary relationship remains as it is now, the gap between the Crown’s understanding of Aboriginal rights and that of Aboriginal peoples may constitute a form of contemporary colonialism.
  PubDate: 2012-12-05
  Issue No: Vol. 3 (2012)
Acknowledgements
- Authors: Learning & Teaching Centre; University of Victoria
  Abstract: The Arbutus Review was created to showcase the articles, projects, and installations that result from the Jamie Cassels Undergraduate Research Award (JCURA) Program. However, Volume 3, Number 2 is a special issue that focuses on Indigenous governance. Adam Gaudry, a doctoral student and sessional instructor at the University of Victoria, approached the Learning and Teaching Centre to co-create this themed volume. His vision and dedication have resulted in this impressive collection of essays. We thank Adam for bringing this issue into being.
  PubDate: 2012-12-05
  Issue No: Vol. 3 (2012)
Indigenous Women as the Other: An Analysis of the Missing Women's Commission of Inquiry
- Authors: Jodi Beniuk
  Abstract: In this paper, I discuss the ways in which Indigenous women are Othered by the proceedings of the Missing Women‘s Commission of Inquiry (MWCI). First, I give a basic overview of Beauvoir‘s theory of women as Others, followed by Memmi‘s analysis of the relationship between the colonized and the colonizer. I use these two theories to describe the way Indigenous women are Othered both as Indigenous peoples and as women, focusing on the context of the twenty-six who were murdered in Vancouver‘s Downtown Eastside (DTES). The original murders were the result of the cultural reduction of Indigenous Women to their bodies. The negligent police investigations, as well as the misogynistic attitudes of the police, also demonstrate how Othering can operate within these institutions. I claim that the violence against women in the DTES was due to their status as Other. Notably, the MWCI, which is supposed to be a process that addresses the Othering-based negligence of the police, also includes instances of Othering in its structure and practice. From this, I conclude that we cannot rely on Othering institutions or legal processes to correct Othering as a practice. In the context of the MWCI, I suggest building alliances that support those who face this Othering as violence in their everyday lives.
  PubDate: 2012-12-05
  Issue No: Vol. 3 (2012)
Humour in Contemporary Indigneous Photography: Re-focusing the Colonial Gaze
- Authors: Meagan Sugrue
  Abstract: Although photography has long been used as a tool of colonial oppression to portray Indigenous peoples as either a "vanishing race" or to confirm their assimilation into the dominant colonial culture, contemporary Indigenous photographers are using humour to turn the colonial gaze back on itself. This article discusses the use of humour as a teaching tool by exploring the role of the "trickster" as a mode of subversion. Five Indigenous artists' works are analyzed through this lens in order to show how contemporary Indigenous photographers employ elements of irony and satire to reveal the insidious nature of colonial stereotypes.
  PubDate: 2012-12-05
  Issue No: Vol. 3 (2012)
Global Hegemony and Place-Based Resistance: Citizenship, Representation, and Place in Canadian Multiculturalism and the Zapatista Movement
- Authors: Cameron J.H. Brown
  Abstract: The Zapatista movement that began in Southern Mexico in 1994 continues to offer a sharp break from the common politics of indigenous communities in North America. In order to develop an understanding of this break, this article contrasts the different conceptions of place and citizenship within the Zapatista movement to those within Canadian multiculturalism. This allows one to see the ways in which colonial representation over space work to redirect conceptions of citizenship from place into the hegemonic ordering of the State and capital. Through this exploration the relationships between conceptions of citizenship, representation over space, and colonial hegemony are presented.
  PubDate: 2012-12-05
  Issue No: Vol. 3 (2012)
The Van der Peet Test: Constitutional Recognition or Constitutional Restriction'
- Authors: Alexandra Kent
  Abstract: This article uses the case of R. v. Van der Peet to critically analyze the role of language in Section 35(1) of the Canadian Constitution in perpetuating asymmetrical power dynamics within the framework of colonialism. In defining which practices are protected in the form of Indigenous rights under Section 35(1), the courts have imposed a two-stage test called the Integral to a Distinctive Culture Test or Van der Peet Test. This test stipulates three criteria; the practice must: originate from "pre-contact", be "distinctive", and conform or "reconcile" with state sovereignty. This article demonstrates how these criteria hinder the development of Indigenous rights, restrict the scope of such rights, and marginalize Indigenous peoples in Canadian society. Analyzing the role of the deliberative wording of this constitutional order reveals a foundation for contemporary colonialism and oppression, whereby colonial power relations are facilitated and secured by antiquated, ethnocentric ideals upheld by the Judiciary. Exposing the illegitimacy embedded within the State's uninhibited, exclusive sovereignty directs this discussion to the suggestion that the State lacks the authority to grant Indigenous rights. This article concludes with the argument that, as the original inhabitants of this land, Indigenous Nations possess the inherent extra-constitutional right to self-determination that can only be achieved through self-affirmation.
  PubDate: 2012-12-05
  Issue No: Vol. 3 (2012)
WSANEC: Emerging Land or Emerging People
- Authors: Jack Horne
  Abstract: The WSANEC Nation has been located on what is now known as the Saanich Peninsula on southern Vancouver Island since time immemorial. Remarkably little has been written about this Nation, which was divided by the Oregon Treaty in 1846 into Canadian/American sides of the border. In Canada the WSANEC Nation was then further divided into 4 separate reserves. This article examines the WSANEC Nation’s relationship with its traditional territories, the effects of colonization on this relationship, and ongoing resistance to continued colonization from both internal and external forces. WSANEC history is examined through the documentation in the Nation’s oral traditions, using the Douglas Treaties, the landmark Saanich Bay Marina Case, and James Island development as examples.
  PubDate: 2012-12-05
  Issue No: Vol. 3 (2012)

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