Gehl v Canada: Challenging Sex Discrimination in the Indian Act

Gehl v. Canada is the story of Lynn Gehl's journey of survival against the nation-state's genocidal assault against her existence, offering an insider analysis of Indian Act litigation and a critique of legal positivism.

Format: Paperback / softback
Length: 288 pages
Publication date: 18 September 2021
Publisher: University of Regina Press

The story of Lynn Gehl's lifelong struggle for survival against the nation-state's relentless genocidal assault against her existence is the subject of Claiming Anishinaabe,Gehl v Canada. While Canada established its colonial authority on her ancestral Algonquin territory, appropriating the land's wealth and resources, she was pushed to the periphery, exiled to a life of poverty in Toronto's inner city. Gehl, with only a handful of beads in her pocket, spent her entire life fighting back, and now offers an insightful analysis of Indian Act litigation, the limited remedies imposed by the court, and the obfuscation of parliamentary discourse. Drawing on social identity and Indigenous theories, the author presents Disenfranchised Spirit Theory, shedding light on the ongoing identity struggles faced by Indigenous Peoples.

Background:
Lynn Gehl is a member of the Anishinaabe First Nation, located in Ontario, Canada. Her community has been subjected to a long history of colonialism and discrimination by the Canadian government. Gehl's case is particularly significant as it highlights the ongoing struggles of Indigenous Peoples in Canada to reclaim their land, rights, and culture.

The Canadian Government's Colonial Powers:
The Canadian government established its colonial authority over the Anishinaabe First Nation through a series of laws and policies. These include the Indian Act, which was passed in 1876 and continues to govern the relationship between the Canadian government and Indigenous Peoples. The Indian Act stripped Indigenous Peoples of their land rights, imposed assimilationist policies, and limited their political participation.

Gehl's Exile to Poverty:
Despite the Canadian government's efforts to marginalize and exclude the Anishinaabe First Nation, Gehl refused to be silenced. She fought back against the government's policies and fought for her community's rights. However, her struggle was not without its challenges. Gehl was exiled to a life of poverty in Toronto's inner city, where she faced discrimination and social exclusion.

Fighting Back:
Despite the obstacles she faced, Gehl refused to give up. She spent her entire life fighting back against the Canadian government's genocidal assault against her existence. Gehl became a prominent advocate for Indigenous Peoples' rights and worked tirelessly to raise awareness about the ongoing struggles of her community.

Insider Analysis of Indian Act Litigation:
Gehl's case also provides an insightful analysis of Indian Act litigation. She has been involved in several legal battles against the Canadian government, challenging the constitutionality of the Indian Act and seeking remedies for her community. Gehl has criticized the narrow remedies imposed by the court and the obfuscation of parliamentary discourse that has hindered the progress of Indigenous Peoples' rights.

Disenfranchised Spirit Theory:
Drawing on social identity and Indigenous theories, Gehl presents Disenfranchised Spirit Theory, which sheds light on the identity struggles facing Indigenous Peoples. According to Disenfranchised Spirit Theory, Indigenous Peoples are not only victims of colonialism but also survivors of a genocide that has lasted for centuries. Gehl argues that the Canadian government's policies and practices have perpetuated a sense of disenfranchisement and despair among Indigenous Peoples, leading to social and economic marginalization.

Conclusion:
Claiming Anishinaabe, Gehl v Canada is a powerful testament to the resilience and determination of Indigenous Peoples in the face of ongoing genocidal assault. Gehl's story highlights the need for systemic change and the recognition of Indigenous Peoples' rights and dignity. It is a call to action for all Canadians to work towards a more just and equitable society for all.

Weight: 448g
Dimension: 152 x 229 x 22 (mm)
ISBN-13: 9780889778252