Blood (32 page)

PAGES 159–64: INTERNATIONAL AND TRANSRACIAL ADOPTION

See Article 21 of the United Nations Convention on the Rights of the Child at
www.ohchr.org/en/professionalinterest/pages/crc.aspx
.

Wikipedia
, “International Adoption” and “Transracial Adoption.”

The National Association of Black Social Workers argues in a position paper against placing black children in non-black adopted families:
www.nabsw.org/mserver/PreservingFamilies.aspx
.

For a few details on Judge Edwin Kimelman’s report on Indian and Métis adoptions and placements, which condemned as “cultural genocide” the widespread practice of removing Aboriginal children from their families and communities in Manitoba and sending them into adoption in eastern Canada or the
USA
, see
Wikipedia
, “Kimelman Report.”

A
Wikipedia
article dealing with the “Sixties Scoop” and Judge Edwin Kimelman: “Sixties Scoop.”

Adoption.com
has an article on transracial adoption at
http://encyclopedia.adoption.com/entry/transracial-adoption/360/1.html
.

The Canadian Paediatric Society comments on transracial adoptions at
www.cps.ca/documents/position/adoption-transracial
.

The Evan B. Donaldson Adoption Institute weighs in on transracial adoptions at
www.adoptioninstitute.org/publications/MEPApaper20080527.pdf
.

PAGES 165–67: BLOOD BROTHERS

Various
Wikipedia
articles offer details about the Norwegian warrior Örvar Odd and his Swedish counterpart Hjalmar: on the warriors, with the painting of them by Mårten Eskil Winge, see “Blood Brother”; on the story of Örvar Odd, with the painting by August Malmström, see “Örvar Odd.”

PAGES 167–76: CITIZENSHIP

Gloria Galloway, “Autistic Girl’s Future Up in the Air as Family Set to Be Deported from U.S., Refused Entry to Canada,”
Globe and Mail
, December 28, 2012.

The quote about the notion of citizenship advanced by Romulus in Rome is taken from paragraph 16 of “The Life of Romulus,” in Plutarch’s
The Parallel Lives
, online at
http://penelope.uchicago.edu/Thayer/E/Roman/Texts/Plutarch/Lives
.

For notions of
jus sanguinis
and
jus soli
, see Patrick Weil, “Access to Citizenship: A Comparison of Twenty-Five Nationality Laws,” in
Citizenship Today: Global Perspectives and Practices
, ed. T. Alexander Aleinikoff and Douglas Klusmeyer (Carnegie Endowment for International Peace, 2001).

For the court case
United States v. Kim Wong Ark
, see
Wikipedia
, “
United States v. Wong Kim Ark
.”

For the Chinese Exclusion Act in the United States, see
Wikipedia,
“Chinese Exclusion Act.”

For an article about U.S. citizenship laws, see
Wikipedia,
“United States Nationality Law.”

Audrey Macklin, “Who Is the Citizen’s Other? Considering the Heft of Citizenship,”
Theoretical Inquiries in Law
(May 2007).

Ann Gomer Sunahara,
The Politics of Racism: The Uprooting of Japanese Canadians During the Second World War
(Ann Gomer Sunahara, 2000),
http://japanesecanadianhistory.ca/Politics_of_Racism.pdf
.

PAGES 176–79: JAMA WARSAME AND SAEED JAMA

A report on Jama Warsame by the United Nations:
Jama Warsame v. Canada,
Communication No. 1959/2010, U.N. Doc. ccpr/C/102/D/1959/2010 (2011), International Covenant on Civil and Political Rights Human Rights Committee, 102nd session, July 11–29, 2011.

Audrey Macklin and Renu Mandhane, “Canada’s New Exiles,”
Ottawa Citizen
, November 25, 2012.

PAGES 181–82: GERMAN ANTHROPOLOGIST AND PHYSICIAN JOHANN FRIEDRICH BLUMENBACH

Johann Friedrich Blumenbach
, On the Natural Variety of Mankind
,
www.blumenbach.info/_/Intro_to_Blumenbachs_Dissertation.html
.

Lawrence Hill,
Black Berry, Sweet Juice: On Being Black and White in Canada
(HarperCollins Canada, 2001). See page 206 for the quote from Blumenbach.

Nell Irvin Painter, “Why White People Are Called ‘Caucasian,’” Collective Degradation: Slavery and the Construction of Race, conference at Yale University, November 7–8, 2003.

Nell Irvin Painter,
The History of White People
(W. W. Norton, 2010).

Bruce Baum,
The Rise and Fall of the Caucasian Race: A Political History of Racial Identity
(New York University Press, 2006).

PAGES 182–87: THE KOMAGATA MARU STEAMSHIP AND THE STORY OF HARRY NARINE-SINGH

I drew heavily on the work of James Walker, an historian at the University of Waterloo, in writing
The Book of Negroes
. Once again, I have relied on his work to research this book, especially on matters of citizenship. See James W. St. G. Walker,
“Race,” Rights and the Law in the Supreme Court of Canada
(Osgoode Society for Canadian Legal History and Wilfrid Laurier University Press, 1997). See especially chapter five, pages 246–95, “
Narine-Singh v. Attorney General of Canada
.” The quote from McPhillips comes from page 261.

More information about Judge McPhillips’s quote and decision can be seen in paragraph 102 of his decision on July 16, 1914, for the British Columbia Court of Appeal:
Canada v. Singh, Re Munshi Singh
, [1914] B.C.J. No. 116, 6 W.W.R. 1347, 20 B.C.R. 243.

For another analysis of the
Komagata Maru
steamship case, including a quote from Reverend Samuel Chown, see Audrey Macklin, “Historicizing Narratives of Arrival: The Other Indian Other,” in
Storied Communities: Narratives of Contact and Arrival in Constituting Political Community
, ed. Hester Lessard, Rebecca Johnson and Jeremy Webber (University of British Columbia Press, 2010).

For details of the life of Reverend Chown, see an article by Neil Semple in
The
Canadian Encyclopedia
,
www.thecanadianencyclopedia.com/articles/samuel-dwight-chown
.

For more about Reverend Chown and his quote, see Mariana Valverde,
The Age of Light, Soap, and Water: Moral Reform in English Canada, 1885–1925
(University of Toronto Press, 2008), 106.

In the course of her work in 1953–54 for the Toronto Labour Committee for Human Rights, my mother, Donna Hill, was involved in the early stages of Harry Narine-Singh’s legal case. She answered my questions in a June 2013 interview.

PAGES 188–91: CASTA PAINTINGS AND PEOPLE OF MIXED RACE IN EIGHTEENTH-CENTURY MEXICO

The quote about mestizos comes from Octavio Paz,
Sor Juana; or, the Traps of Faith,
trans. Margaret Sayers Peden (Harvard University Press, 1988), 32.

Details about
casta
paintings and their historical context come from Ilona Katzew,
Casta Painting: Images of Race in Eighteenth-Century Mexico
(Yale University Press, 2004). The quote from José Gumilla is drawn from pages 48–49.

PAGES 191–95: MIXED-RACE ISSUES

Latin American mixed-race definitions come from Thomas M. Stephens,
Dictionary of Latin American Racial and Ethnic Terminology,
2nd ed. (University Press of Florida, 1999), 71–72, 751.

The quote from Gunnar Myrdal comes from page 113 of Gunnar Myrdal,
An American Dilemma: The Negro Problem and Modern Democracy
, vol. 1 (Harper and Brothers, 1944).

Lawrence Hill,
Any Known Blood
(HarperCollins Canada, 1997).

See information about Strom Thurmond in
Wikipedia
, “Strom Thurmond.”

Thurmond’s quote insisting on the necessity of racial segregation can be see in the above
Wikipedia
article, as well as in Adrienne M. Duke,
Opaque Visions of the Self: The Possible Selves of African American Adolescent Males in the Context of Schooling
(ProQuest,
UMI
Dissertation Publishing, 2011), 20.

PAGES 195–201: IDENTITY ISSUES RELATING TO ABORIGINALS AND BLACKS

Glen Coulthard, “Subjects of Empire: Indigenous Peoples and the ‘Politics of Recognition’ in Canada,”
Contemporary Political Theory
6, no. 4 (2007).

Renisa Mawani,
Colonial Proximities
: Cross-Racial Encounters and Juridical Truths in British Columbia, 1871–1921
(University of British Columbia Press/University of Washington Press, 2009).

Details about Virginia’s Racial Integrity Act are taken from Kevin N. Maillard “The Pocahontas Exception: American Indians and Exceptionalism in Virginia’s Racial Integrity Act of 1924.” March 23, 2006/bepress Legal Series, Working Paper 1187,
http://law.bepress.com/expresso/eps/1187
.

Troy Duster, “Lessons from History: Why Race and Ethnicity Have Played a Major Role in Biomedical Research,”
Journal of Law, Medicine and Ethics
, Fall 2006. The quote is from page 494.

Circe Sturm,
Race, Culture, and Identity in the Cherokee Nation of Oklahoma
(University of California Press, 2002). I have taken quotes and details from pages 87–88.

Daniel Heath Justice, “Rhetorics of Recognition,”
Kenyon Review
, Winter 2010. I have taken quotes from pages 237 and 253.

Daniel Heath Justice,
Our Fire Survives the Storm: A Cherokee Literary History
(University of Minnesota Press, 2006).

Details about mixed-race entries in the Canadian census in the early twentieth century come from Chris Andersen, “From Nation to Population: The Racialisation of ‘Métis’ in the Canadian Census,”
Nations and Nationalism
14, no. 2 (2008). Andersen also shared a draft of his forthcoming book,
“Métis”: Canada’s Misrecognition of an Indigenous People
(University of British Columbia Press, 2014).

Jean Teillet, “The Internal Migrations of the Métis of the Canadian Northwest,”
Canadian Diversity,
Spring 2011.

PAGES 201–3: QUOTES FROM LOUIS RIEL

Jean Teillet,
Métis Law in Canada
(Pape Salter Teillet, 2012), 6.

Hold High Your Heads
, the 1982 English translation by Elizabeth Maquet of 
l’Histoire de la nation métisse dans l’Ouest
, by A. H. de Tremaudan (Pemmican Publications, 1936), 200.

Louis Riel, “Les Métis du Nord-Ouest [Regina],” in
The Collected Writings of Louis Riel/Les écrits complets de Louis Riel,
vol. 3 (University of Alberta Press, 1985), 278–79.

PAGES 203–6: STEVEN AND RODDY POWLEY IN THE SUPREME COURT OF CANADA

Various interviews by email and phone in 2013 with Jean Teillet (a Métis lawyer and partner in Pape Salter Teillet,
www.pstlaw.ca/jeanbio.htm
) and with Chris Andersen (a Métis scholar at the University of Alberta).

R. v. Powley
, September 19, 2003, ruling by the Supreme Court of Canada, Citation 2003 SCC 43, File #28533.

Jean Teillet,
Métis Law in Canada
(cited above).

Factum of the Ministry of the Attorney General of Ontario, submitted in 1999 to the Ontario Superior Court of Justice in the case
Her Majesty the Queen v. Steve Powley and Roddy Charles Powley
, Court File 5799/99. I have drawn quotes and information from this factum, relying especially on paragraphs 21, 71–74, 77, 78, and 85.

PAGES 207–11: DEFINITIONS AND THOUGHTS ABOUT THE RACIAL IDENTITIES OF INDIANS AND INUIT

Constance Backhouse, “The Historical Construction of Racial Identity and Implications for Reconciliation,” paper commissioned by the Department of Canadian Heritage for the Ethnocultural, Racial, Religious, and Linguistic Diversity and Identity Seminar, Halifax, Nova Scotia, November 1–2, 2001.

Constance Backhouse,
Colour-Coded: A Legal History of Racism in Canada, 1900–1950
(published for the Osgoode Society for Canadian Legal History by University of Toronto Press, 1999).

Pamela D. Palmater is a Mi’kmaq lawyer whose family comes from the Eel River Bar First Nation in northern New Brunswick. She is an associate professor in the Department of Politics and Public Administration at Ryerson University and Chair of Ryerson University’s Centre for Indigenous Governance. See
www.ryerson.ca/politics/facultyandstaff/bio_PamelaPalmater.htm
and
www.nonstatusindian.com/bio/default.htm
.

Pamela D. Palmater,
Beyond Blood: Rethinking Indigenous Identity
(Purich, 2011). I have drawn quotes and details from pages 19, 28, 31–32, and 145.

PAGES 211–12: TRACEY DEER’S DOCUMENTARY FOR THE NATIONAL FILM BOARD OF CANADA

Club Native: How Thick Is Your Blood?
written and directed by Tracey Deer (National Film Board of Canada, 2008). I have quoted from this documentary about challenges to the status of four women living on the Kahnawake First Nations reserve, which is located near Montreal. See the reference to
Club Native
on the National Film Board website,
http://onf-nfb.gc.ca
. Also see
Wikipedia
, “Tracey Deer.”

PAGES 212–16: JUDGE MICHAEL PHELAN’S DECISION ON MÉTIS IDENTITY FOR THE FEDERAL COURT OF CANADA

Ruling by Judge Michael J. Phelan, Federal Court of Canada, January 8, 2013, Docket T-2172-99, Citation 2013 FC 6, in the case known as
Harry Daniels, Gabriel Daniels, Leah Gardner, Terry Joudrey and the Congress of Aboriginal Peoples v. Her Majesty the Queen
. I have quoted from paragraph 119.

Jean Teillet and Jason Madden, “Plainspeak on the Daniels Case (Updated Version—February 2013)” (Pape Salter Teillet, 2013).

John Ibbitson, “Court Ruling on Aboriginal Peoples Opens a Pandora’s Box,”
Globe and Mail
, January 9, 2013.

I have quoted Red Bear, who spoke in Toronto on the
CBC
Radio program
Metro Morning
on June 10, 2013:
http://www.cbc.ca/metromorning/
.