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JenniferS's avatar

I practice juvenile law and a major piece of legislation in the area is the Indian Child Welfare Act (ICWA), which requires child welfare agencies to make greater efforts to maintain and reunite Indian families because of the horrific history of family separation. The higher standard makes a real difference in our cases. ICWA requires that the child be enrolled or eligible for enrollment in a federally-recognized tribe. Because tribes make vastly different decisions about enrollment, we see very different outcomes for families. For example, I once represented a mom who was enrolled in a tribe. Her daughter, however, has not eligible, because she had less than 1/4 blood quantum from the particular tribe. (It's also very complicated because the BQ has to be from one tribe, I believe). On the other hand, I've represented kids who have 1/16 BQ and are enrolled members and receive the protection of ICWA, which practically speaking usually means parents' rights are never terminated.

Tina Athena's avatar

Thanks for this!! I LOVE what you're working on, it's sticky and complex and has no clear, easy answers.

I watched Trickster and am a big fan of Eden Robinson's books. I'm from BC and live on Coast Salish land, so recognize my bias in this but I think the show is a lot of great fun and people should watch it. It has the pulpy otherworldliness of True Blood while sharing a lot of Indigenous culture. My understanding was that Latimer and the show had consulted with Indigenous communities to be as true to cultural history as possible for some of the more "Indigenous" scenes and plot lines. I've never seen a show that has so many Indigenous characters and actors and music and especially one that received the production budget it deserved. I was livid about the news of Latimer's identity and the subsequent cancellation, that the hard work and incredibly, rich storytelling and beauty of this community now has this mar on it. It *seems* like Latimer was trying to approach the subject matter with consideration but had she never identified her tribe/nation and went with "I am not sure but my family has always identified as xyz" would that be permissible? Who knows? Inconvenient Indian was a turning point for me in terms of understanding the legacy of colonialism in Canada and I have recommended and referred to thomas King's Inconvenient Indian as ESSENTIAL reading to others, but now with this info I feel a bit squicky doing so, or at least feel obliged to share that intel those I recommend it to, and worry that or might alienate people. But what if they miss the opportunity to transform the way they think about history, nationhood, colonialism, and Indigenous peoples and culture? When is someone "allowed" to make art that is not representative of their own culture? To me, and this is def an ignorant opinion, it *feels* like a colonial approach to draw lines in the sand and say "you are either xyz culture or NOT," as you highlight in the conversation around BQ (Have you seen the movie Blood Quantum??? It's an Indigenous zombie movie and is very fun!) These are just rhetorical questions and have no expectations for you to reply or acknowledge but I appreciate the article and it had inspired a lively conversation in my household.

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