Tag Archives: New Releases

  • Talking Back to the Indian Act

    Talking Back to the Indian Act: Critical Readings in Settler Colonial Histories is a comprehensive "how-to" guide for engaging with primary source documents. But more than that, the book explores the Indian Act itself, and gives readers a much better understanding of this vital piece of legislation. We asked authors Mary-Ellen Kelm and Keith D. Smith to discuss their book, and why learning this information and history is important.

    You can read an exclusive excerpt from the book here.

    “We find the Indian Act of 1876 are [sic] not calculated to promote our welfare if we accept it because it empowers the Superintendent General of Indian affairs to manage, govern, and control our lands, moneys, and properties without first obtaining the consent of the chiefs…”

    Talking Back to the Indian Act: Critical Readings in Settler Colonial Histories is being published at a key moment in our history. Not only do we live in an age of twenty-four-hour news outlets broadcasting sharply divergent and politically motivated narratives, and where the nature of evidence is questioned in overtly public ways – we are also poised to begin a process of reconciling with Indigenous people in this country. Talking Back addresses both these critical issues.

    The book provides a set of lessons in reading documents through a historical and critical lens that takes into account Indigenous and intersectional perspectives. In so doing, it demonstrates the historians’ craft as it can be reconceived so that alongside context, contingency, causation, change over time, and complexity (the five “Cs” of historical thinking), we also consider relationship, responsibility, respect, and reciprocity (the four “Rs” of Indigenous methodologies). It shows the value of thinking deeply about the role in historical experience played by gender, sexuality, ability, and other ways of being. As such, it introduces readers to an expansive approach to critically engaging with the written word that addresses key questions about the nature of evidence, how it is made, and how it can be used. Readers of Talking Back to the Indian Act will never again feel that they lack the tools to truly interrogate historical or other documents.

    At the same time, Talking Back to the Indian Act introduces the reader to one of the most important pieces of legislation in Canadian history and – sadly – one that many Canadians know very little about. For nearly a century and a half, the Indian Act has dominated the relationship between Canada and Indigenous peoples living within its borders. As it sought to erase individual and collective identities, the Indian Act operated to extinguish Indigenous political structures, regulate familial relationships and gender roles, degrade kinship networks, circumscribe economic undertakings, reduce the land base available to Indigenous communities, and prohibit practices central to the maintenance of Indigenous cultures. Even those Indigenous people who Canada did not choose to classify as “Indian” have been impacted by the Act as they struggled to assert their own distinct identities and legal rights.

    The provisions of the Indian Act, the surveillance required for its maintenance, and Indigenous responses to its intentions and effects have created a massive archive. It is from this prodigious body of material that Talking Back to the Indian Act draws the documents it uses to teach critical historical reading methods. Included here are: the original 1876 Act and the many amendments made to it, queries and clarifications from Canadian officials, law enforcement documents, legal opinions, court records, and reports from various commissions and inquiries. Importantly, here too are Indigenous people’s letters of protest, oral testimony, meeting transcripts of Indigenous organizations and inquiries, radio addresses, and creative works all talking back to the Indian Act from Indigenous perspectives. Readers who may have heard very little about the Indian Act will come away from this text with a better understanding of how the Act worked to constrain Indigenous lives and how Indigenous people persistently worked to overcome those constraints.

    Talking Back to the Indian Act provides a set of lessons that shine light on several critical aspects of the Act and Indigenous responses to them in historical context. It encourages students to move beyond simply reading historical documents and to engage with them in more refined and effective ways. To that end, readers of this text are given an introduction to the interpretative tools traditionally available to historians and how these might be utilized in concert with Indigenous methodologies and intersectional analyses. Students will come away from this book with a much better understanding of this pivotal piece of legislation as well as the dynamics involved in its creation, its maintenance, and the resistance it engendered.

    Talking Back to the Indian Act is not a definitive study of the Indian Act but includes a range of important topics that resonate across time and into the present. Each of these topics has stimulated an intriguing array of voices and document types available to researchers. This range of material has allowed the documents provided in this collection to be selected with variety of source type and perspective in mind. Readers will have the opportunity to not only interrogate individual letters, transcripts of oral accounts and testimony, official reports, reminiscences, legislation, creative writing, and other materials but also to consider the relative value of different kinds of sources to different sorts of projects that a researcher might undertake. In addition to the focus on issues that are significant in their own right, there are also a number of overarching themes represented here. For example, Canada’s goals of acquiring land and resources and assimilating Indigenous people are evident throughout this text, as is Indigenous resistance in its many forms.

    Exploring the contours and development of the Indian Act through the documents provided in this text will help students in all disciplines – as well as popular audiences – navigate the headlines of today. It is our hope that Talking Back to the Indian Act makes a contribution to historical understanding while at the same time enhancing the skills necessary to analyse our present situation and the most appropriate paths to the future.

    Mary-Ellen Kelm is Canada Research Chair and Professor in the Department of History at Simon Fraser University, and Keith D. Smith teaches in the Departments of Indigenous Studies and History at Vancouver Island University.

  • New Book Broadens the Lens for Teaching About Gendered Violence

    With violence against women increasingly under the spotlight, we invited authors Chris Bruckert and Tuulia Law to discuss their new book, Women and Gendered Violence in Canada: An Intersectional Approach.

    Contemporary feminist actions – everything from Slut Walks to the #MeToo movement – are drawing renewed attention to the ongoing urgency of violence against women. This is certainly encouraging. All around us we see feminists ‒ socially engaged, mindful of intersectionality, and critical of essentialist presentations – build on the work of earlier socialist, working class, Indigenous, and racialized scholars and activists. But sometimes it feels like we keep having the same conversations, leading us to wonder: what has really changed?

    In Women and Gendered Violence in Canada, we balance celebrating the significant progress made ‒ certainly it would be unthinkable for today’s parliamentarians to laugh and jeer as they did in 1982 when Margaret Mitchell raised the issue of battered women in the House of Commons – with acknowledging that much remains to be done. Consider, for example, the compelling, emotion-evoking, and all too familiar representation of gendered violence ‒ a lone (often youthful and white) woman, bruised, dejected, looking away/down or staring forward with terror-filled eyes. This image, though deployed to admirable effect, obscures much – context, agency, resistance, diversity ‒ at the same time as it limits the frame to interpersonal violence (by individual men). Endeavouring to expand beyond these parameters, Women and Gendered Violence in Canada attends to a range of inter-related and mutually reinforcing sources, forms, and sites of gendered violence.

    Women and Gendered Violence in Canada mobilizes the concepts of intersectionality and interlocking systems of oppression to unpack the ways violence inflicted on women is rooted in social, political, and economic systems that work through and with patriarchy, including colonialism, neoliberalism, capitalism, and national and global economies. From this point of departure it follows that women’s vulnerability to, and experience of, violence is shaped by intersecting aspects of their identities, social location, and negotiation (or rejection) of gender norms. Our use of the term gendered rather than gender-based violence reflects our conceptual framing; while gender is the unifying thread, the diverse instances and forms of violence women experience are rooted in a multiplicity of factors intersecting with gender. This allows us to include violence to which women are vulnerable that does not originate in gender but is a more indirect outcome of gender inequity and scripts (e.g., nurses’ experience of violence from patients and their families, violence for which they are routinely blamed by supervisors). It also broadens the scope of perpetration beyond individual men to violence committed by agents of the state (e.g., the neglect and abuse of Indigenous women by police), by women (e.g., domestic workers at the hands of their employers), by co-workers and customers in the workplace (e.g., the verbal violence endured by call-centre workers), indirectly as the result of policies (e.g., austerity measures that culminate in ill health), and emanating from the criminal justice system (e.g., the deployment of psychotropic medications to regulate incarcerated women).

    At the same time we hold that recognizing gendered violence as embedded in our social fabric and acknowledging the complex ways it ripples through women’s lives is not tantamount to ascribing women the master status of victim. All too often the many ways women have contested, challenged, and subverted that which would oppress them is written out of history (an erasure that is, of course, another manifestation of gendered violence). In Women and Gendered Violence in Canada we pay homage to our resilient and brave foremothers – the Indigenous women who, in the face of violent assimilation efforts, kept oral history alive and safeguarded traditional teachings; the generations of Black women who fought tirelessly against segregated public spaces and services; the women garment industry workers who stood shoulder to shoulder with their union brothers to contest exploitative labour practices. We also highlight and celebrate the many faces of contemporary women’s resistance – from everyday acts, to subtle (and not so subtle) calling out of sexism, to clever social media campaigns, to dramatic protests ‒ simultaneously drawing attention to the ways intersecting identities and interlocking systems of oppression constrain (or facilitate) the tactics and strategies women can mobilize. For us, foregrounding individual and collective action, and the limits of what is possible, is part of a larger commitment to grounding the analysis in women’s lives and experiential knowledges. To that end we also spotlight first-person accounts throughout the book.

    Women and Gendered Violence in Canada is organized to reflect the progression of an undergraduate course while providing pedagogical flexibility. The introductory section lays out the conceptual and contextual framing for the remainder of the text. The following three sections (each with three chapters) are organized around types of violence: interpersonal, workplace, and structural. In turn, each of the substantive chapters highlights specific elements/manifestations of gendered violence. We have endeavoured to bring cohesion to the collection not only through consistent engagement with the contextual and conceptual framing presented in the introductory section but also via recurring themes that cut across the chapters, including: historical context; resistance, subversion, and agency; the impact of neoliberalism; critical consideration of criminal justice solutions and protectionist policy; reflections on feminist approaches; consideration of the dialectic relationship of myths, social judgement, and state responses; and the foregrounding of experiential evidence. Throughout, we draw on rich Canadian scholarship, illustrated using examples from regions across the country, and put the focus firmly on our unique legal and policy contexts. Inevitably this means harsh light is shed on the ways structural inequality and bias manifest in, for example, anti-Black racism, Islamophobia, and ongoing colonialism. It also means some beloved national myths ‒ multiculturalism, meritocracy, post-racism ‒ are challenged.

    In our experience, today’s students welcome the opportunity for critical engagement. They also welcome the opportunity to see themselves in the material they study. To that end we self-consciously sought to ensure the book feels relevant to university-aged students by examining topics they encounter in their daily lives (e.g., sexism on campus, routine intrusions on the street, school dress codes, cyber bullying); this helps to render the links between everyday occurrences, social structures, and gendered violence visible and positions readers to appreciate the ways we are all caught up in systems that create the conditions of possibility for gendered violence.

    Like teachers everywhere we dream of classrooms that are dynamic learning environments filled with engaged students as excited about the material as we are. All too often our experience falls short; we find ourselves trying to lay the groundwork with little opportunity (or time) for nuanced engagement to manifest. In writing this book we sought to make theories accessible through application, as well as to introduce students to key concepts, pivotal ideas, and foundational knowledge upon which instructors can build to make the material fresh and timely. After all, in the perpetually-shifting terrain in which gendered violence occurs there are (sadly) always emerging issues to explore: a new provincial government that promises to revitalize neoliberal policies, a novel and exciting (or depressing) social media campaign, a pivotal court ruling. In this way the book can be useful for educators who are interested in integrating active learning and student-centred pedagogy into their classrooms through exercises and activities that facilitate deep learning. To that end, we included a suggested activity at the end of each chapter that teachers may wish to use or adapt. The last activity asks readers to consider how their thoughts have evolved since beginning the text. This reflects our (admittedly lofty) goal of contributing to what we are seeing all around us ‒ contemporary feminists (and others interested in social justice) taking on gendered violence, stubborn stereotypes, and tired tropes in creative and innovative ways.

    Chris Bruckert is Professor of Criminology at the University of Ottawa, and Tuulia Law is Assistant Professor in the Department of Social Science at York University. To find out more about their new book Women and Gendered Violence in Canada: An Intersectional Approach, click here.

  • June and July Round-up

    Highlights from the months of June and July.

    Awards:

    • Johannes Remy’s Brothers or Enemies was awarded the Ivan Franko International Prize of 2018.
    • French Écocritique by Stephanie Posthumus is on the shortlist for the Alanna Bondar Memorial Book Prize.

    Conferences:

    • Daniel Quinlan represented UTP at the Law and Society Association’s annual conference in Toronto.
    • Anne Brackenbury and Jodi Lewchuk presented our sociology list at the World Congress of Sociology in Toronto.

    Media Highlights:

     

    New Releases:

  • Digging Down: The Deep Roots of Canada's Policy-Making Process

    Written by guest blogger, Taylor Hollander.

    It is no revelation that the union density rates in both Canada and the United States have experienced significant decreases since the 1960s. But why has the decline in the U.S. been so much sharper? The two countries share similar employers, unions, and decentralized industrial relations systems. For many years, they even had comparable union membership levels. Yet, in 2017, the percentage of unionized workers in Canada’s private sector was more than twice as high as the United States. No state in the U.S. had a greater union density rate than Alberta, the least unionized province in Canada. In light of the recent U.S. Supreme Court decision, Janus v. AFSCME, which removed mandatory dues payments in public sector unions, it is not difficult to understand why some pundits argue that the historical moment for unionism in the United States has now passed.

    To better understand this cross-national divergence in union density rates, Power, Politics, and Principles looks to the making of labour law in Canada for answers. In particular, against the backdrop of the U.S. experience, it focuses on PC 1003 of 1944, which for the first time required Canadian employers to recognize and negotiate with the representatives of their employees’ choosing. Several earlier studies have highlighted differences in the legal frameworks for industrial relations in Canada and the United States like, for example, the use of permanent replacements or “scabs.” What Power, Politics, and Principles does differently is dive into the history of the policy-making process to uncover how the topic of compulsory collective bargaining became a part of the national discourse in Canada and then became a legal reality. The main argument of the book is that, unlike in the United States, a more moderate approach to labour policy formulation in Canada made the legal protections for workers less vulnerable to conservative backlash in the long run.

    There are several reasons why I believe that Power, Politics, and Principles will appeal to a wide audience:

    1. By comparing why and how collective bargaining regimes or the legal frameworks for industrial relations were created in Canada and the United States, it goes beyond vague discussions of cultural values to gain a more tangible and precise understanding of what distinguishes the two countries. As I mention in the book, the goal is not to consecrate the Canadian experience because industrial relations in the two countries are more alike than different. But a close study of what actually happened in the policy-making process does reveal important national variances.
    2. Power, Politics, and Principles underscores the messiness of the policy-making process. Throughout the book, the different perspectives and agendas of workers, labour leaders, business executives, civil servants, and politicians are examined to try and convince readers that the making of a collective bargaining regime in Canada involved many competing personalities. Rather than straightforward or certain, it was open-ended and contingent. For example, one of the arguments I make is that an ad hoc wartime agency of three people from outside the government - a conservative, a liberal, and a socialist - played a key role in convincing politicians that it was time for a compulsory collective bargaining policy.
    3. My book adds to the historiography on Mackenzie King. As Christopher Dummitt recently outlined in Unbuttoned, scholarly works on Canada’s longest serving prime minister have for a long time offered remarkably critical, if not bewildered, interpretations of his legacy. Most historians, political scientists, and journalists seem to agree that King took a Machiavellian approach to policy-making, never committing to anything unless it served his own purposes. In contrast, I encourage readers to consider the impact of his political principles. There is no doubt that King was a consummate politician who acted opportunistically, expediently, and obliquely. At least in the area of labour policy, however, it seems clear that his political principles also influenced his actions and inactions.
    4. Organized chronologically from 1935 to 1948, Power, Politics, and Principles conveys the complexities of the policy-making process in a compelling narrative, evoking a sense of time, place, and character without sacrificing analysis or argument. By emphasizing story line, avoiding jargon, and, in places, offering what one reviewer called “historical imaginings,” readers are transported back to two of the most turbulent decades in Canada’s history when real people battled both physically and verbally over the legal rights of workers.

     

    Taylor Hollander is a Middle School History Teacher at Orchard House School in Richmond Virginia and the author of Power, Politics, and Principles.

  • The Devolution of Canada’s Public Employment Service 1995-2015: Part 1

    by Donna E. Wood

    In 2018 we celebrate 100 years of public employment services in Canada. These are the supports and services provided by our governments to connect unemployed and underemployed job seekers with employers through information, guidance, placement, training, and labour market adjustment services. Not only does the public employment service or PES help individuals develop job skills, by facilitating job matching it helps employers fill vacancies more efficiently.

    Jurisdictional responsibility for the public employment service in Canada has changed hands four times over the century ─ from a national network of provincially managed but federally funded services between 1918 and 1940; to an arm’s length organization between 1940 and 1977 under federal control; to direct management under a federal government department between 1977 and 1996; and back to mostly provincial design and delivery using federal funding starting in 1996. However, what has not changed is the essential contribution of Canada’s public employment service to keeping unemployment rates low and labour market participation rates high.

    My new book Federalism in Action: the Devolution of Canada’s Public Employment Service 1995-2015 focuses on the past 20 years when ─ triggered primarily by a need for the Chrétien Liberal government to demonstrate ‘flexible federalism’ following the 1995 Québec referendum ─ federal PES responsibilities were transferred to the provinces and territories one jurisdiction at a time over a period of 14 years through largely similar Labour Market Development Agreements. Provincial management was solidified in 2007 with additional federal funding through what were known at the time as Labour Market Agreements.

    In 2015 provinces[1] provided public employment services through entities called WorkBC, Alberta Works, Saskatchewan-Canada Career & Employment Service Centres, Manitoba Jobs & Employment Centres, Employment Ontario, Emploi-Québec, New Brunswick Career Information Centres, Career Nova Scotia Centres, PEI Career Development Centres, and Newfoundland & Labrador Employment Skills Centres. Services for Aboriginal people were provided through 85 Aboriginal Skills and Training Strategy (ASETS) holders operating in communities across Canada and by the federal government directly through contracts arranged with community-based organizations for youth and persons with disabilities. Ottawa also retained a funding, oversight, and pan-Canadian coordination role.

    Collectively these organizations and the services they provide make up Canada’s public employment service, with most funding coming from mandatory employer and worker contributions to the Employment Insurance (EI) account and oversight provided by the Canada Employment Insurance Commission and federal/provincial/territorial Ministers through the Forum of Labour Market Ministers. In 2013/14 almost 1.2 million Canadians used provincial, territorial, and Aboriginal employment services at a cost of over $3.1 billion to the Government of Canada. Many of those receiving services were in receipt of federal Employment Insurance or provincial social assistance benefits.

    My book assesses how Canada’s public employment service performed between 1995 and 2015 under predominately provincial, territorial and Aboriginal ─ as opposed to federal ─ management. The data source was 132 interviews with 170 people in every province; federal parliamentary committee hearings and reports; federal performance and evaluation reports (including the annual Employment Insurance Monitoring and Assessment Report); provincial accountability reports; as well as academic and Organisation for Economic Cooperation and Development (OECD) assessments. The analysis was framed around four questions:

    1. What governance choices did each province make in taking on the federal programming? Why? What outcomes have been achieved and how do these compare across provinces?

    2. Considered collectively, how do the devolved PES services compare to when they were delivered by the Government of Canada?

    3. How is the Government of Canada managing its role post-devolution?

    4. How does Canada’s PES work together as a whole? What challenges remain as our public employment service moves into the 21st century?

    On the first question, provinces were compared on four elements drawn from the international literature (single gateways, decentralization, outsourcing, and partnerships) in four groupings: the Far West (British Columbia and Alberta); the Midwest (Saskatchewan and Manitoba); the Middle (Ontario and Québec) and the East (New Brunswick, Nova Scotia, Prince Edward Island and Newfoundland and Labrador). Provinces made very different choices on these elements, based on their individual history, devolution timing, and their political culture/dynamics. To compare provinces, I used efficiency, effectiveness and democracy as criteria. Considering all of these elements and criteria, Québec’s PES choices provide a best practices model that the rest of Canada should examine more closely and potentially emulate.

    On the second question, in 2015 almost triple the number of Canadians were served compared to 1995 when the Government of Canada was directly responsible. However, this change needs to be read in conjunction with a change in the programming provided: from more expensive long term interventions (including training) to less expensive ‘light touch’ employment assistance services. The change in programming was an outcome of the indicators chosen by Ottawa following the 1995/96 EI reform as well as the fact that ─ other than for two years during the 2008/09 economic downturn ─ there was no increase in federal funding. Even with this change in programming emphasis, federal evaluation studies carried out over the years have consistently demonstrated the positive impact of provincial and Aboriginal oversight of the PES.

    On the third and fourth questions examined in the book, stay tuned to my next blog posting. A preview of challenges and suggestions for change were detailed in a submission I made to federal/provincial/territorial governments in 2016 as part of their consultations on the labour market transfer agreements. Take a look at the Caledon Institute of Social Policy version of my thoughts published in 2016 as Strengthening Canada’s Public Employment Service Post Devolution. I’ll bring these issues forward to 2018 in my next blog posting.

    Federalism in Action: The Devolution of Canada’s Public Employment Service 1995-2015 is now available for purchase.

    [1] PES arrangements in the Northwest Territories, Yukon, and Nunavut were not examined in the book.

    The Devolution of Canada’s Public Employment Service 1995-2015: Part 2

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