Poli sci
Rina11
poli320firsttopic1.docxExamples of violence against women.
Interesting thing about debate is how it was framed. Stag no longer telling people what it takes to be good citizenship by the country, but it clearly states that we don’t tolerate what they identify as … cultural practices. What they list are spousal abuse kills among relationships, force marriage introduces violence. these are all bad things examples of violence against women. Canada does not tolerate violence against women. Why does this get framed as a cultural question in the citizenship guide and why debate against women turned into question of so-called culture?
Why does that gets framed as a citizen guide?
Statistics in Canada for non-immigrant population states that 1 in 5 women in Canada will experience sexual assaults between 1990-2010 587 Abo-original women went missing or murdered almost 20% 70% of those are of age of 15
In Saskatchewan Indigenous women make 60% of all missing people.
Here in Quebec we had a scandal many women say police was sexual assaulting them.
Question why it gets framed as a cultural PROBLEM when it seems like a universal question of violence against women.
Isn’t violence against women the problem and not specific cultural violence against women? In Canada the number 1 risk cause of premature death of women or non-accidental death of women is being killed by a spouse. Man kills wife because she cheated on him why is this different for a man who decides to kill a child because of some other morality. Canada every 6 days a woman is killed by ex spouse or ex partner. Justice Canada documented this. In Canada 2000-2010 60 women a year killed by partner or ex partner. 9 cases documented by federal government. 50% of women will experience violence in their relationships which raises a question of why we called it spousal issue and other issues against women cultural issues. None of this undermines all these forms of violence against women. Violence against women is not a cultural problem it is one of violence against women
Using women rights in justification of racism and justification Zena phobia is nothing new. The poor treatment of women has been used an excuse to justify imperialism colonialism even genocidal. One of justifications in American text 17th 18th century slavery one of justification the poor treatment of women in Africa were slaves are being stolen from.
In the genocide in Philippines united states killed man over age of 18 that they can find justification in America these foreign men treating their women badly committing genocide was in service of deliberation of women.
In 9/11 world the treatment of women in Afghanistan suddenly became a major issue that interested American public and George bush had reputation of standing up for women rights were suddenly advocated liberation of afghan women.
Look at Barbaric sexual practices is used to create an attack to marginalize groups in society.
Carter, Sarah The Importance of Being Monogamous The book Chapter 1+3 – play of shakes pear. The book argues one of Main tools of colonization of west of Canada, most settlement in Canada were in east, also settlements in British Columbia, planes Saskatchewan, Manitoba were largely settled by national colonizers. It become national policy to try to encourage people to colonize planes and this book focuses on that time. Looks at invitation of sxual practice was used to further the goal of colonization Author argues that the main goal of take over of planes was to impose western conceptions of gender hierarchy as well as creates suitable climate for every capitalism that Canada was going through in late 1800’s. The author takes as concerning point that these communities in the planes quirizz.. compared to colonials’ societies had relatively high status for women, had relatively open gender roles compared to colonial economy and colonization of west required a much stricter gender hierarchy in which women stayed home and took care of family and man made living in new industrial economy. Division of settling of the west made creation of nuclear families.
3 things to take into consideration there is national project of colonizing the west, 2nd the Metics communities mix of indigenous formed their own community which is now Manitoba and Saskatchewan. in late 1800s two major rebellions the river rebellion two major actual argument people who took arms and try to chase government outnso that’s happening and third thing there was not much organized settlement in the west up until this national project there were groups of colonizers who were fleeing in the west to maintain their own status quo that didn’t fit to new imperatives of the government.
In the west there was large communities of Mormons who were fleeing from states and Large communities of duke force who were coming from eastern Europe both groups practice polygamy taking of more than one spouse in this case more than one wife. Both these groups had strong sense from maintaining community independence from the state. Both groups in their own ways had conception of human rights role in local decision making that was not consistent with the Canadian colonial mission.
In the case of Duke war there is even an emphasis on antiwar and pacifism which was very much perceived as dangerous by the government because they were trying to colonize the (claims/queen) not sure by force and you have bunch of white people coming out standing in front of indigenous communities and saying use of force is not something that they will tolerate against their neighbours.
With these three things in context we have goal to colonize the west and rebellions going on in metic colonies and we have pockets of European communities that don’t fit the mold.
In that context the government make decision to actively settle new “desirable immigrants” into these territories to try to secure loyal subjects living in these areas to maintain their control. Because these communities particularly indigenous communities were so well established the undermining of their power require breaking community structures and community structures of governance. In many of planes of indigenous communities so indigenous people living in … multiple partners for both men and women so polygamy genders was not outside the norm. particular people with position of leadership within community often had more than one spouse. As we looked at Cathonic structure in general child bearing was a generally family affair in the larger sense idea of children as a community and extended family question….
There is also fact that many indigenous people in the planes of that time had some conception of what we could call a third form of gender. There was what was called a Two spirted category gender which was seen as a gender distinct from simply man or female. Two spirted people were not necessarily what we would now call gender people but it was a broad category of many people who didn’t fit a rigid gender or sexual structure so what we would now label to anywhere between gay, trans. If you fell out of men female dichotomy there was that room for this gender of two spirted person. Many of the communities many different nations the third gender position was seen as a position of perciege someone who added richness to community and was not scolded or feared in the way that colonist societies perceived it.
When decision made to colonize the west it undermined these communities so again indigenous communities having both bloving.. and gender and it was of central features of many of their government structure community structures with decision to move west and implement both Canadian values correlated with that criminal code of Canada amendment to include a whole bunch of crimes that previously never existed in criminal law. It made it legal to be polygamous more than one wife
The Indian act law that governs indigenous people in the state till this day was also amended to denying any sort of benefits for government to anyone who violated this rule. If u have more than one wife you were not only criminalized and lost benefits that you wold otherwise been provided.
In amending the Indian act the federal government created a title category for former women who were previously been seconder spouse of men category of supernumeray wives supernumeray was created In Indian act to designate women who were previously been in polygamous marriage which were stripped in Ottawa now abolished by law and in this category people previously been married (taking benefits of spouses extra..) were suddenly stripped all of that
Women categorized as super numeri were stripped to the right of property on reserves. Because Canadian government recognized men can own property and women owned property through their husband so supernumeri wives lost property who were previously on reserves. Children of supernumeri wives’ women previously married lost inheritance from their father. Zero recognition these were children of the father and any legal grounds as per child support was also Lost. Children stripped of their father and wives too from husband. Benefits and Economic guarantees that law offers to married parents. This was a standard practice in abolition fire where they would go as practice of empire polygamy was out logged and used in a way to target power able people in the community who had been practicing polygamy
Decision made to populate areas with Euboean colonizers and the inflex of immigration from western Europe is met with change in the law to undermine any sort of traditional family and community structures that existed previously and with it . Impose the western European view of what congeable.. relationship should look like.
Other context in which similar things were happening. In which sexual practice or kinship models basically how, intimate relationships are managed by community. Other places in Canada where that was targeted by the law in an effort to undermine powers of community that were not quite western European Christian.
British Columbia interesting example of this. A particularity of British Columbia to understand in the 9th century there was some western European settlements of it but Majority of people in BC end of 19th late 1800’s century were not white Europeans between aboriginal and very large Asian community had been migrating for past 40 years the majority of people in BC were not white western Europeans. Johnny MacDonald’s envisioned Canada as white supremist nation the vision of settling west is undermined by BC popular settlements of the time was not all white
This vision of settling the west as outpost of west European civilization.
In the late 19th century when Canada is actively taking immigrants in Scotland, England so called desirable communities. Shipped out west to settle Manitoba to BC and as we saw Polygamy was out logged and other thing that was out logged by end of 1800’s was crime of sodomy. Sodomy today is anal sex. Any unmoral sexual relationships between people. No definition of sodomy in criminal code but it was just added as a crime.
Two others kinds was buggery and gross and indecency:
Returning scene of the crime (article) this scholar went through all BC records in late 1800s to try to figure out who was being charged by sodomy, buggery and gross and indecency and what was the law definition the laws at. He set out to do history of west British Columbia how people were arrested engaging in sex acts at the time thinking sodomy as a crime was used against homosexual people. What he found was different he found that there were two common definitions to anyone charged with sodomy he found two communalities between those are being charged with it. First conclusion is the charge of sodomy was used were there was economic strike people forming unions people were strikes lockouts resisting new capitalist order that was brought in by colonialism.
First Broad conclusion people generally were arrested were there was resistant against the state unrelated to sexual preference. People being arrest and charged with sexual morality crimes. In places were only common context of happening was the fact that people were resisting the new Canadian state coming it trying to submit its control in British Columbia. Think of BC in 19th century as stereotype of west it was still a British colony before joing the federation it was isolated It was controlled by London but was in the far end of Canada, so it was controlled by governor who answered to London. Women have to get a message over many many days to the person there no governance and law order. As Canada moved in and tried to consolidate control in British Columbia there was a lot of resistance to that both indigenous and working class people particularly from south Asian communities resisting new order coming in. author find people charged by sodomy and other sexual morality crimes the Immediate context with people being charged with that was always resistance economic or cultural. Two commonalities between all of those who get charged and convicted by courts the charging of people with this is in context of rebellions and resistance but then actual people found guilty there was two commonalities people could find. One was sexual contact between two people which was considered by colonial state at the time to be of different races and second commonality any sort of sexual contact that didn’t involve women sexual genitalia.
First category the community most charged for that is new Chinese Canadian community. In late 1800s Chinese men in large number come to work on construction of railroad. On one hand u need Chinese workers to work on railroad but at the same time Canadian immigration law banned Chinese women from coming to Canada. Allowing Chinese men. Many times, Chinese men were found having sexual relations with non-Chinese women they were convicted with sodomy. This was the first sodomy of interracial sexual contact disproportionally affects Chinese Canadian community at the time which was only men
Second category is broadly everyone who fits into.. were we see people fit in sodomy vs indecency which would be not heterosexual relations being charged with that. the only people convicted of any of these crimes in British Columbia in late 19th century of any of these 3 crimes were those engaging in some form of sexual relationship or perhaps people engaging in what would be otherwise perfectly legal sexual relationships but involving people perceived of different races having sex with each other.
Only 19th century people convicted were only those engaging in homosexual relationship or people engaging in legal sexual relationships …. In BC.. 28:30-47
For construction of railroad colonization of the west one of key projects of government developed to do so was to build railroad from east cost to west coast and unite the country and national plan and Canadian history of schools. During this time, it was the first time that Canadian law allowed people from china to move to Canada however It restricted it to men. The occasion of women would find their way to the country anyways. When construction of railroad ended in 1885 New Chinese immigrants to the country will be no longer needed and were thrown into the urban economy and said figure it out for yourselves. For envision of white supremist country presence of Chinese caused problem for number of politicians.
In 1885, Members of parliament organized royal commission on Chinese immigration which literally a commission to say what u will do with these Chinese people. And mandate of commission is to figure out where Chinese people would get into the society and what to do with this large number of people being allowed during construction of rail road. 1885 is also year that the word homosexuality appears in criminal code of Canada. In 1885 criminal code amended once more and homosexuality itself is added as a crime. The commission can decide what to do with all the Chinese population. The commission reports summary there is a bizarre obsession in sexuality and sexual practice of Chinese people living in the country at the time. One report evidence Chinese prostitutes are more shameless than white prostitutes follow the same pursuit as though the former as been educated and intense focus on Homosocial living patterns of Chinese men had to live together naturally no Chinese women were allowed to live in the country. Poor labourers and share spaces with one another. Living together was the major focus of report.
Another obsession All Chinese men in this society were all thought to be aggressively homosexual one hand criticized for living men with men targeting. all Chinese me are homosexual. On the other hand, what we see in commission report Chinese men were thought to be heterosexual targeting white women and raising their women to serve men sexually. Third question of report was this question of cheap labour as an MP chapleau who has a long passage in report who says the question to my mind is that of capital and labour and however undesirable they may be seen as settlers in comparison of the whites they have been useful in developing industries who would be otherwise been dormant. Another Mp backups his friend and says that Chinese were such cheap labours compared to white labours who would work for much less. Another Mp quotes
One didn’t have to worry about this because that winter would kill all Chinese men and we wouldn’t have to worry about them. (SHOCKING).
A report What to do with all the labours around now that the railroad is completed and no need for them anymore. Commission identifies in one hand that the white working class of Canada would not tolerate these Chinese labourers working for less money for them. Then commissions goes on to talk that Chinese labourers on one hand are homosexual and other hand aggressively homosexual and two put together in one report. These were commissions on royal report on what to do. Arguably like immigration today were there is a need to marginalize a group in 1800’s views on gender and sexuality are used as a tool to undermine a group make them marginalized and commence another group of marginalized group in this case who are labours, capitalism economy) use to make these people hate these groups and see them as danger to their own community. In this context The government on interests marginalizing white labourers from in the case of Ontario in the case of the west make it legal colonizing on white communities… in doing so Create enemy to distract them from their own aggression.
And today?
Modern times, for those old enough to remember In 2017 Quebec had what they called commission on reasonable accommodations. In the racist debate going on In the province had to talk about it and Origin of present day debate in Quebec. commission called to explore question of assimilation of immigrant communities in society and one of common things starting in 2007 was an obsession of treatment of Muslim women. how commissions worked? They went around province held forms anyone could speak at them they go anywhere you have opinion on minority please say it on microphone on Tv and we will broadcast it to the whole province. One of obsessions of people on what they perceived as domestic. Treatment of Muslim women by men. White man who never met muslim women in their life came forwarded with the treatment of women in these communities. The commission ended and took them 6 months to come out with report and address the question. In Rural areas of quebec where white men spoke thru commissions who didn’t meet muslim women before. Before commissions came out the government in response adopted a notion unanimously reaffirming quebec commitment to gender equality and against cultural practices that undermine. Problem is we don’t have gender equality in province of quebec. That still at that day in 2007 women in quebec 73 cents to every dollar that every man makes. Violence more common towards women rather than men. Nevertheless the government came out we listen to people reaffirming equality. Shocking part about the comission when final report did come out after 6th months. The report came to conclusion that there no major problem in quebec about differences in culture. If there was a problem was a manufactured problem by media and by lazy politicians. And said No crisis of sexual practice or gender inequality. Any different in immigrant communities than in non-immigrant communities. The report said real problem of media the damage has been done and past 10-11years now our culture has been framed around question of reasonable accommodation. And the wrong view that Immigrant ideas that are worse than Quebec societies and that racism is a human right and has no problem what so ever.
Immigration guide and …. In Canada were racism raises its hand one of the ways its gets framed is around the idea of gender equality but also marginals sexual practice on the other hand. The Canadian The Canadian phenomenon to the colonization of the west and from colonization to planes to oppression of south Asian communities of Chinese and Stigmatizing and marginalizing of Chinese community in Ontario we see focus on sexual practice and sexual deviance to create an us vs them.
Discussion in class: Question asked: why men higher percentage of normalization of being gay within immigrant communities going way back in certain cultures and stress what we are talking about monogamy and idea of strict heterosexuality is a colonial imposition on different cultures, so this might contribute to the slightly lower percentage wise of normalization of being gay in Canadian communities as opposed to immigrant communities.
Presentation :
Feminism
Theoretical and political movement for gender equality focusing on advantages oppressions that women live
Methodological tool
Activism and personal discourse. : it is theory and practice what’s law? Modem legal thought western legal philosophy: legal positivism, liberal legalis, legal formalism
Law is separate and peripheral to society, closed system, decisions: “autonomous and neutral legal reasoning through which legal specialists apply doctrine results that are independent of the specialists ethical ideals and purposes.
Different type of critics to these elements. We can start in 1930’s legal realism legal realism believes the law is not neutral or scientific way of having a result.
Critique of mainstream legal philosophy:
Realism: every decision b a judge a mechanical, neutral act, but a moral and political choice
Law and society
CLS is the direct descendant of realism and the law and society movement. If too attacks from the left the complacency of the existing centre (mainstream legal thought) it too denies that law is autonomous it too insists on the contradictions within the rule system (tunshet)
Feminist analysis
Liberal feminism : MAINSTREAM FEMINISM its articulated and focuses of inequality in the law. Its discourse very present it seeks to have legal changes believing equality should be achieved thru legal system
By changing law equality can achieved. Doesn’t go to the root of the problem or root of economical advantage swhta people live its more in the paper.
Materialistic and radical feminism: based on materialistic approach materialistic is to see actual true conditions of women instead of looking at law what are the material conditions that women live. Radical means it goes to root of the problem. To believe that changes in law they won’t go to the root of the problem and wont be enough to achieve equality. Its also in a way social deterministic. Believing that everyone is conditioned by social situation and act determined by their conditions which liberal believes more in choice feminism is different in these school of thought free will (liberalism) . materialistic definition liberalism to the root and economical social conditions
Radical recognizes is patriarchy system that gives power to men everything that doesn’t go with he norm is marginalized.
Queer theory focuses on individual narratives and way that even with conditions there are disadvantages for us. Agencies related to choose free will.
Gender norms imposed on us but we can construct gender and perform other gender roles and participate in that process of constructing gender.
4th school of thought black feminism and intersectionality: it has a lot of links to indigenous feminism. Basically, intersectionality is a term was set by Kimberly screenshot black scholar approach analyze different system of oppression that people live instead of looking at patriarchy or racism for racialized people we will see how systems overlap and people live in different discriminations.
Used for class, disability
In black feminism post, colonial feminism we will see criticize liberal feminism experiences of white women.
Sexual assault rape cultural and legal system
1. Consent
2. 1983: sexual assault between spouses recognized
3. 1992 Womens behavior prior to sexual assault becomes inadmissible
4. 1999 R v ewanchuk- no possible defense of implied consent
5. 2011 R v J. A it’s a possible to take back consent.
Judge said on sexual assault 2-year conditional sentence and remaining fair. Sex was in the air no bra makeup inviting the man to do this. Why she hadn’t done more to prevent rape? She wanted to get raped you should have closed your legs prevent rape.
Rape culture: 1980’s represents ideas or behaviours that explain sexual violence against women. based on myth something that happens to women late at night and stranger comes and rapes the women.
Something else out of that she actually wanted it her fault and blaming the victim of what happened.
Even if law seems ok some circumstances make it hard to victims to look forward.
Prostitution – sex work and sexual exploitation
-Canada (Attorney general) v. Bedford , 2013 SCC 72
Bill C-36 the protection of communities and exploited persons act
Federation of Quebec voted that sex workers have rights.
Prostitution consequences of patriarchy.
Women who have been trafficked in sexual industry and has been forced. Both groups actually have
Abolitionists believe should be criminalized.
Youth protection
Director of youth protection batshaw youth and family centres
Findings:
· The court places more responsibility to the mother than to the father
· Qualifications for mothers and fathers are gendered and correspond to gender roles in parenting.
· Women with disabilities and mental health issues are further marginalized
· Imposing the norms of the ideal mother on mothers contributes to perpetuating the image of a bad mother.
Refugees and domestic violence
She might have been abused wife but never did anything to help herself
In terms of told available to women who are victims of violence the panel might add.. that there is divorce law allowing spouses to end their relationship once and for all
She backed away from pursuing the charges because xxxx said he was going to kill her because she refused to press charges the claimant didn’t not filly discharge her obligation to seek state protection
