The Legacy of Colonialism in the Contemporary Application of Parens Patraie
摘要
This chapter examines the contemporary racialized oppression of indigenous children as an aspect of colonial thought and practice. A Federal Canadian indigenous child welfare statute is discussed in terms of the degree to which it addresses indigenous children’s autonomous right to cultural continuity and to be heard on decisions profoundly impacting them such as a child welfare placement for some. Also considered is an example of a vestige of colonial notions of the child and its impact upon modern legal analysis, for example, regarding the alleged societal value of the ‘reasonable chastisement defense’ in criminal law. That defence pertains to so-called reasonable assault of a child as a form of purported behavioral ‘correction’ by State authorized persons, namely parents, delegates of parents and teachers who have charge of the child. Finally, the notion of the child as autonomous rights holder is advanced.