It is an assignment of Women, Crime and Social Justice course. The topic is "Legislation and its policy towards the Indigenous women of Domestic Violence in Canada" You need to give an one page memo (

Legislation and its policy towards the Indigenous women of Domestic Violence in Canada

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Legislation and its policy towards the Indigenous women of Domestic Violence in Canada

Introduction

This will advance the relationship between domestic abuse among indigenous women and historical trauma, Indian Act section 35 (1), hegemonic masculinity, cultural patriarchy, and the absence of standard federal reporting and law enforcement. Domestic abuse is a societal issue that has substantial implications for law, jurisdiction, and traditions. It is not exclusive to Indigenous women. Indigenous women have historically been subjected to a variety of forms of abuse at the hands of their current or former legally married or common law spouses and intimate partners (Borrows, 2012). Domestic violence is more prevalent among indigenous women than among non-indigenous women; 56% of indigenous women have experienced physical or sexual abuse, compared to 34% of non-indigenous women (Klingspohn, 2018). Historical trauma, witnessing domestic violence, normalizing domestic violence, and PTSD all contribute significantly to the domestic abuse of indigenous women. The Indian Act of 1876 interfered with cultural customs and self-government, whereas the Indian Act of 1985 results in unequal representation of men and women (citation). This legislation has significantly contributed to the subjection of indigenous men's hegemonic masculinity, as it interferes with their customs and hunting grounds. In addition, the cultural patriarch that grants men privilege, dominance, and authority leads to oppression and subjugates women to domestic violence (Klingspohn, 2018). Section 35(1) of what?Is it criminal code or some other act? includes land and treaty rights at the expense of human rights, and the Canadian government rarely addresses indigenous trauma. The judicial system is structured to protect the rights of non-indigenous people; hence, victim and witness reluctance to report domestic violence is exacerbated by heightened intimidation and racist behavior on the part of law enforcement.

Violence against indigenous women constitutes a national emergency. A startlingly high proportion of Indigenous women in Canada has been sexually assaulted and murdered (Borrows, 2012). Violence is prevalent among indigenous women relative to the overall population. Indigenous women are five times more likely than other women to endure a significantly higher rate of intimate relationship abuse (Palmater, 2016). Domestic abuse, including that perpetrated by a current or past legally married or common law spouse or dating partner is forms of violence indigenous people endure (Heidinger, 2021). Domestic abuse will have profound and long-lasting effects on victims, their families, and communities (Palmater, 2016). The rate of intimate partner violence (IPV) against indigenous women includes both self-reported and police-reported cases.

The Indian Act of 1876 contributes to the marginalization of indigenous people because it established the federal government's control over indigenous people in Canada (Hoffart, 2016). Long-term effects of the Indian Act included partitioning their land and relegating them to reserve settlements, as well as the enactment of a series of legislation such as the Pass system (Heidinger, 2021). The pass system necessitated the approval of an Indian agent for natives to leave the reserve. This resulted in a dysfunctional family that served as a breeding ground for further dysfunction. The intergenerational trauma caused by colonization and cultural genocides is prevalent among indigenous people and has a significant impact on domestic violence (Borrows, 2012).

Unresolved rage trauma passed from one generation to the next had negative effects on the behavior, psychology, and environment of later generations of indigenous people (Hoffart, & Jones, 2018). A study found that the transmission of intergenerational stress from one generation to the next has weakened parental skills and the potential to offer a healthy environment for children (Kulkarni et al., 2011). If trauma healing is not handled appropriately, it will have a negative impact on future generations and lead to a cycle of abuse. Indigenous women who are abused as children are most likely to be abused as adults (Borrows, 2012). The intimate partner abuse hindered the psychological and social development of the child. It raised the probability of intimate partner violence by fostering an environment in which violence is an accepted means of settling disagreement.

Due to cultural genocides and forced family separation to residential Indian schools, a lack of parental skills has led to substance abuse, mental health issues, and a lack of positive role models (Hoffart, & Jones, 2018). Parenting was difficult for indigenous women who attended residential schools because they lacked a parent role model as a youngster to teach the competence of wifely obligations (Heidinger, 2021). Due to PTSD associated with childhood trauma, those who were exposed to violence as children were more likely to repeat this behavior as adults and pass this trait on to their children, resulting in generational domestic violence. Economic marginalization and government policy have shattered indigenous families, placing a substantial number of women in precarious situations (Palmater, 2016).

Gender-based violence is a result of historical inequities between men and women, which has impeded the protection of women (Hoffart, 2016). Normalization of domestic abuse has caused women to accept violence, resulting in decreased disclosure of information to friends and support-seeking (Borrows, 2012). Those women, who have experienced domestic violence perpetrated by their parents or other family members, as well as their friends and the entire community, felt they had no way out (Klingspohn, 2018). Observation is the means by which people acquire knowledge; hence, the fact that seeing a mother being beaten is entirely acceptable (Hoffart, & Jones, 2018). As a result of seeing these horrific occurrences throughout their early years, the majority of abusive spouses ultimately developed abusive attitudes and behaviors.

Studies demonstrate a direct link between direct child maltreatment and the development of PTSD in adulthood (citation). Approximately one-third of adult victims of direct abuse, including physical abuse, sexual abuse, and neglect, matched the criteria for PTSD at some point in their lives (Kulkarni et al., 2011). Another study revealed the negative psychiatric consequences of early exposure to intimate partner abuse in adulthood (Kulkarni et al., 2011). Those who witnessed IPV during childhood were more likely to acquire PTSD symptoms than those who did not. The severe parenting throughout childhood increases the likelihood of developing mental and physical violence as an adult (Hoffart, 2016). The historical trauma connected with forced assimilation has a negative effect on parenting styles and transmits trauma from one generation to the next, leading to an increase in intimate partner violence (Hoffart, & Jones, 2018).

The aboriginal and treaty provisions of section 35 of the Constitution could play an important role in ensuring that all levels of government are charged with addressing violence against women (Borrows, 2012). However, violence against women did not receive the attention it deserved since section 35(1) of the Constitution Act of 1982 focuses on land and resource conflicts between the crown and indigenous government and excludes human rights issues such as family issues (Borrows, 2012). The leaders focus on topics that have acquired legal traction, such as land rights and administration of people and rights, and fail to respond to indigenous concerns, such as domestic violence against women, that have received less Canadian government attention (Borrows, 2012).

The Canadian government only addresses indigenous concerns if a court orders it to do so (Borrows, 2012). This demonstrates that Canadian governments have placed less emphasis on indigenous issues and the historical trauma that has contributed to domestic violence against women and the normalization of intimate partner abuse (Borrows, 2012). Indigenous leaders must ensure that their political objectives are determined entirely by what judges consider to be fundamental to s.35(1) jurisprudence since the court is insensitive to the lived reality of indigenous people (Borrows, 2012). Focusing on section 35(1) causes leaders to disregard past trauma and the role of historical injustices in generating dysfunctional families and leading to PTSD child trauma (Borrows, 2012).

The Canadian government gives domestic violence against women and its causes a lower priority (Borrows, 2012). The provision 35(1) of the constitution of 1982 does not directly address violence against indigenous women, and the courts have not interpreted the section to include the authority as part of indigenous people's jurisdiction (Borrows, 2012).. Still, the Canadian government has not acknowledged the jurisprudence necessary to handle the issue of women against indigenous women, as indigenous people are not fully trusted to adequately address violence against women (Cariou et al., 2015). Even though the indigenous population understands their entire legal responsibility for issues relating to violence against women, they lack the means necessary to ensure that a true and lasting reform occurs (Borrows, 2012).

Hegemonic masculinity serves as an analytical tool to identify men's attitudes and behaviors that perpetuate gender inequality, including men's dominance over women and the power of some men over others (Jewkes et al., 2015). Indigenous men's masculinities were affected by colonization and the imposition of white supremacist heteronormative patriarchy, leaving a detrimental legacy for indigenous women, children, and communities as a whole. In subordinating indigenous men, hegemonic masculinity has encouraged them to exercise authority and control through subordinating indigenous women and women of color (Jewkes et al., 2015). Non-white privilege is ultimately subdued by white privilege, leaving indigenous men to accomplish their privilege while persecuting those who are viewed as helpless (Jewkes et al., 2015).

Indigenous women and children are regarded to have a weaker and more vulnerable dominant masculine worldview (Jewkes et al., 2015). The hegemonic masculinity was fostered by historical inequity, which caused males to become more unemotional and uncaring since they lacked the appropriate parenting skills to enable them to conform to societal orders (Jewkes et al., 2015). The hegemony is connected with violence and apathy because indigenous men, particularly those who attended residential schools in India, are subjected to physical assault (Jewkes et al., 2015). Domestic violence is promoted by historical context, the normalization of violent behavior, and a lack of empathy for women. Women and men perceived to have weak hegemonic masculinity admired hegemonic masculine guys.

The purpose of hegemonic masculinity was to equip men with rules and a model of masculine behavior so that they would behave appropriately and be admired by non-hegemonic men and women (Jewkes et al., 2015). The indigenous males demonstrate their hegemonic masculinity through hunting and fishing, for which they have received credit and praise, and traditional values have placed these men under intense inspection to ensure they do not deviate into unmasculine behavior (Mshweshwe, 2020). The cultural disturbance caused by the Indian Act led to the control of all Indian Territory, fishing grounds, and hunting grounds. This meant that Indians lacked a venue to demonstrate their hegemonic masculinity, and as a result, in order to achieve recognition and respect inside their families, Indigenous men turned to domestic violence.

The patriarch of the tribe excludes women from all aspects of society, and men hold the greater authority to govern and control women. Domestic violence is associated with the masculinity ideology, a socialization-assigned acceptance of patriarchy-related attitudes and ideas (Cariou et al., 2015). Domestic violence results from men's need to exert authority and control over their female partners, a behavior which has been legitimized and justified within the patriarchal system. The Indian Act was amended in 1985 by law C-31, which eliminated all sex-based distinctions influencing eligibility to register for status. This rule had an effect on the societal worth of women, hence encouraging trial patriarchy (Cariou et al., 2015). Men's domination through the Indian Act of 1985 exacerbates the unequal allocation of power, which results in widespread domestic abuse against indigenous women.

Over time, the criminal justice system has implemented new charging and prosecution policies on domestic violence, such as the federal prosecutorial policy and the British Columbia violence against women in relationships policy (Policy, 2003). There is, however, no one federal prosecutorial policy applicable to all federal jurisdictions. The existing prosecution policy applicable in each province and local jurisdiction does not achieve a single success due to victim recanting or unwillingness and victim dissatisfaction (Policy, 2003). This restricted the capacity of law enforcement to charge a victim of domestic violence with domestic abuse. Despite fleeing to a shelter, the victim of domestic violence may continue to assume parental responsibilities (Policy, 2003). This behavior by a victim of domestic violence complicates police work.

Due to the history of settle colonialism and racist assimilation programs, the relationship between law enforcement and indigenous population’s remains strained (Policy, 2003). The indigenous culture is seen as a mixture of reliance on the federal government and a primitive community entirely outside the mainstream of western civilization and philosophy (Palmater, 2016). The policy employed the same mainstream western culture perspective when documenting domestic abuse, which resulted in an investigation that was premature and went beyond incompetence or neglect (Palmater, 2016). Some part of racism related with harassment, physical aggression against suspects, and intimidation contributes to victim and witness reluctance to disclose domestic violence.

Conclusion

Domestic abuse is a pervasive global problem that affects numerous women regardless of their demographics and the matter is about Indigenous women the drawback is even greater due to proper law enforcement. Additionally, the historical trauma linked with forced assimilation into mainstream Canada as a result of the 1876 Indian Act. The consequences of this crime include cultural genocides, family disturbance and dysfunction, a lack of parenting skills, substance misuse, and childhood PTSD. This increases the likelihood of intimate partner abuse against indigenous women, and the trauma is passed on to their children. Children who witness domestic violence are more likely to assault their wives because they regard the violence as usual (citation). The section 35 (1) focuses on land and treaty concerns, ignoring domestic violence, which is a serious social concern (citation). Hegemonic masculinity and tribe partiality contributed to domestic violence among individuals who were perceived as having less hegemonic masculinity. The Indian Act of 1876, which forcibly removed Indian hunting and fishing sites, deprived Indian males of opportunities to demonstrate their masculinity. After their masculinity is devalued by White male privilege, indigenous men resort to domestic violence to demonstrate their masculinity. Witness and victim reluctance to report domestic violence is further influenced by the absence of a unified federal reporting policy, as well as by laxity and racism in law enforcement. What initiative you suggest that might the government/state do to overcome or put together the situation by little?

** Please make all the I of indigenous upper class (capital letter)**

References

Borrows, J. (2012). Aboriginal and treaty rights and violence against women. Osgoode Hall LJ, 50, 699. https://digitalcommons.osgoode.yorku.ca/cgi/viewcontent.cgi?article=1021&context=ohlj

Cariou, W., Tengan, T. P. K., Hokowhitu, B., Justice, D. H., Scofield, G., Sinclair, N. J., ... & Kaulukukui Jr, T. K. A. (2015). Indigenous men and masculinities: Legacies, identities, regeneration. Univ. of Manitoba Press.

Heidinger, L. (2021). Intimate partner violence: Experiences of first Nations, Métis and Inuit women in Canada, 2018. Juristat: Canadian Centre for Justice Statistics, 1-21.

Hoffart, R. J. M. (2016). Domestic Violence and Intergenerational Trauma Amongst Aboriginal Women in Regina, Saskatchewan (Doctoral dissertation, The University of Regina (Canada)).

Hoffart, R., & Jones, N. A. (2018). Intimate partner violence and intergenerational trauma among Indigenous women. International criminal justice review, 28(1), 25-44.

Jewkes, R., Morrell, R., Hearn, J., Lundqvist, E., Blackbeard, D., Lindegger, G., Quayle, M., Sikweyiya, Y., & Gottzén, L. (2015). Hegemonic masculinity: combining theory and practice in gender interventions. Culture, health & sexuality, 17 Suppl 2(sup2), S112–S127. https://doi.org/10.1080/13691058.2015.1085094

Klingspohn D. M. (2018). The Importance of Culture in Addressing Domestic Violence for First Nation's Women. Frontiers in psychology, 9, 872. https://doi.org/10.3389/fpsyg.2018.00872

Kulkarni, M. R., Graham-Bermann, S., Rauch, S. A., & Seng, J. (2011). Witnessing versus experiencing direct violence in childhood as correlates of adulthood PTSD. Journal of interpersonal violence, 26(6), 1264–1281. https://doi.org/10.1177/0886260510368159

Mshweshwe L. (2020). Understanding domestic violence: masculinity, culture, traditions. Heliyon, 6(10), e05334. https://doi.org/10.1016/j.heliyon.2020.e05334

Palmater, P. (2016). Shining light on the dark places: Addressing police racism and sexualized violence against Indigenous women and girls in the national inquiry. Canadian Journal of Women and the Law, 28(2), 253–284.

Policy, C. (2003). Final Report of the Ad Hoc Federal-Provincial-Territorial Working Group Reviewing Spousal Abuse Policies and Legislation. https://justice.gc.ca/eng/rp-pr/cj-jp/fv-vf/pol/p2.html