“Race Is Not a Determinative Factor”: Mixed Race Children and Custody Cases in Canada

Posted in Articles, Canada, Law, Media Archive on 2016-03-16 01:20Z by Steven

“Race Is Not a Determinative Factor”: Mixed Race Children and Custody Cases in Canada

Canadian Journal of Family Law
Volume 29, Number 2, 2015
pages 309-

Susan B. Boyd, Professor Emerita of Law; Fellow of the Royal Society of Canada
Peter A. Allard School of Law
University of British Columbia, Vancouver, British Columbia, Canada

Krisha Dhaliwal
University of British Columbia, Vancouver, British Columbia, Canada

Statistics suggest that an increase will occur in the number of custody disputes involving mixed race children in Canada. This article considers the extent to which the fact that a child is mixed race factors into child custody determinations, and how courts consider it. It also discusses whether considering a child’s mixed race heritage is helpful in the child-custody context. The article first explains the use of “race” and “culture” in the Canadian context, then reviews the literature on mixed race children and the law, before examining legislation on the “best interests of the child.” The focus of the paper is an analysis of reported Canadian custody cases in which a child’s mixed race heritage was mentioned in the written judgment, both before and after the leading case, Van de Perre v. Edwards. The case-law analysis considers questions such as judicial racism, “race-matching,” and how race and culture are weighed against other factors relevant to a child’s best interests. The conclusion offers suggestions for how courts should deal with custody disputes over mixed race children, based on trends identified in the case law. While racialized parents are not inevitably best suited for primary custody of mixed race children, it is key for any parent seeking custody to demonstrate their ability to foster the healthy development of a child’s multifaceted identity. More directive legislative language might be useful in order to ensure that at least some judicial attention is paid to race and culture. Finally, taking judicial notice of the relevance of race would also be helpful in acknowledging the persistent existence of racism in Canadian society, as would a more diversified Canadian judiciary.

The number of mixed race couples is on the rise in Canada; they constitute 4.6 per cent of all married and common-law couples, up from 2.6 per cent in 1991 and 3.1 per cent in 2001. 2 Although not all couples conceive children and not all children are raised in couples, these statistics suggest that the legal system is likely to see more custody disputes involving mixed race children in the future. Some such disputes have, of course, already come before the courts. In such cases, it is sometimes argued that a visible minority parent may be better able to deal with the child’s experiences of racism or that race should at least be a factor that must be considered in determining the best interests of a child.

This article examines the extent to which the fact that a child is mixed race makes a difference, or should make a difference, in the determination of legal disputes about parental rights and responsibilities or custody, 3 and, if so, how. In order to better understand the issues that arise in such cases, we reviewed literature on mixed race children and law, as well as legislation on the best interests of the child. The heart of our study, however, is an analysis of reported Canadian custody cases where a child’s mixed race heritage was mentioned in the written judgment. In our search for both cases and for literature, we included mixed race children with Aboriginal heritage. Some of the…

Read or purchase the article here.

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The Lucky Seven Interview, with Adebe DeRango-Adem

Posted in Articles, Canada, Identity Development/Psychology, Interviews, Media Archive on 2016-03-09 00:54Z by Steven

The Lucky Seven Interview, with Adebe DeRango-Adem

Open Book: Toronto
2016-02-28

Grace O’Connell, Senior Editor

The metaphor of striking out to explore unknown land is a particularly apt one for the act of writing, so the title Terra Incognita (Inanna Publications) fits Adebe DeRango-Adem’s new collection of poetry perfectly.

Exploring racial discourse in both contemporary and historical contexts, Terra Incognita teases out cultural memory and the impact of social and racial histories on the personal experience. Questioning what these forces mean for the creation (and imposition) of identity, Adebe’s deft verse mimics the physical and spiritual movement of those seeking identity within and beyond social and political borders.

We’re thrilled to welcome Adebe as our March 2016 writer-in-residence at Open Book!

Check out our conversation with Adebe, part of our Lucky Seven series, where she tells us about seeing eye to eye with your words, good advice from Ta-Nehisi Coates and the insurgency of a great book.

Open Book:

Tell us about your new book, Terra Incognita.

Adebe DeRango-Adem:

Titled after the Latin term for “unknown land” — a cartographical expression referring to regions that have not yet been mapped or documented — Terra Incognita is a collection of poems that explores various racial discourses and interracial crossings both buried in the grand narratives of history and the everyday experiences of being mixed-race. In my most recent book, the quest for the meaning of identity in the interracial context becomes part of the quest to unearth the territory of those who cross borders — racially, ethnically, culturally and geographically…

Read the entire interview here.

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“But how Indian are you?”: notes on being a mixed-race Indigenous person.

Posted in Articles, Autobiography, Canada, Media Archive, Native Americans/First Nation on 2016-03-09 00:44Z by Steven

“But how Indian are you?”: notes on being a mixed-race Indigenous person.

A Halfbreed’s Reasoning
2012-11-15

Samantha Nock

I am mixed. It’s not like it’s a secret. I am a mixed-race, mixed-blood, hybrid, mud blood, halfbreed; these things I know to be true. The thing is, I know my identity. I am accepted by my community, yet when I tell folks, especially non-Native folks, I get one of two reactions:

  1. “Really? But like, how much Indian are you? Like what fraction of your blood is Native?”
  2. They lean in really close, like they’re going to tell me a secret. They cock their head to the left and squint their eyes like they’re searching each line in my face, each pore, each chicken pox scar for some trace of their cigar shop Indian. It’s like, somewhere hidden in my features their untamed savage is hiding: maybe it’s behind my eyes, or maybe its somewhere in the space between my cheek bone and my jawline. When they’re done searching for hidden Indigenous clues, they always pull back, smile, and say, “yeah I can kind of see it! Look at your cheeks!”

It’s not the act itself that bothers me, as a light skinned, white passing, Indigenous individual, I get it. But it’s the fact that people assume that because I am mixed that I am less of an individual, that now, my parts don’t make a whole and each aspect of my identity is up for scrutiny. Automatically, I lose sovereignty over my identity and my body because I become a subject to be “made sense of.” Invasive questions about blood and family are deemed okay, because I have become the embodiment of anti-dichotomous reasonings of identity: “but how can you be more than one thing!”…

Read the entire article here.

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Terra Incognita: Poems by Adebe DeRango-Adem

Posted in Books, Canada, Identity Development/Psychology, Media Archive, Poetry, United States on 2016-02-28 18:54Z by Steven

Terra Incognita: Poems by Adebe DeRango-Adem

Inanna Publications
2015-05-25
80 Pages
ISBN: 978-1-77133-217-0

Adebe DeRango-Adem

Titled after the Latin term for “unknown land”—a cartographical expression referring to regions that have not yet been mapped or documented—Terra Incognita is a collection of poems that creatively explores various racial discourses and interracial crossings buried in history’s grand narratives. Set against the similarities as well as incongruities of the Canadian/American backdrop of race relations, Terra Incognita explores the cultural memory and legacy of those whose histories have been the site of erasure, and who have thus—riffing on the Heraclitus’s dictum that “geography is fate”—been forced to redraw themselves into the texts of history. Finally, Terra Incognita is a collection that delves into the malleable borders of identity and questions what it means to move physically and spiritually, for our bodies to arrive and depart, our souls to relocate and change their scope.

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Adebe DeRango-Adem explores her identity in art and poetry

Posted in Articles, Arts, Canada, Identity Development/Psychology, Media Archive, Women on 2016-02-28 18:45Z by Steven

Adebe DeRango-Adem explores her identity in art and poetry

The Toronto Star
2016-02-26

Debra Black, Immigration Reporter


Adebe DeRango-Adem was recently hailed as a young Canadian author to watch by Canada’s poet laureate, George Elliott Clarke. She is a poet and doctoral student in English literature at University of Pennsylvania.

Adebe DeRango-Adem was recently hailed as a young Canadian author to watch by Canada’s poet laureate, George Elliott Clarke. She is a poet and doctoral student in English literature at University of Pennsylvania.

Adebe DeRango-Adem was recently hailed as a young Canadian author to watch by Canada’s poet laureate, George Elliott Clarke. DeRango-Adem is a poet and doctoral student in English literature at University of Pennsylvania. Her latest work, Terra Incognita, a collection of poetry published last year, examines racial identity. The winner of the Toronto Poetry Competition in 2005, she served as Toronto’s first junior poet laureate. She spoke to the Star about Black History Month and what it means to her, as well as the importance of exploring identity in art.

I’m wondering what your feelings are about the designation of Black History Month and what that means for you as a writer. Is it important?

A colleague of mine, Andrea Thompson, who is pretty well known in the poetry world, described my book as an excellent and complete mapping of racial topography in Canada. We’re still struggling with the notion of post-race world and post-racial identities. My book and how it speaks to Black History Month is about pushing for malleable borders of identity and identification, in terms of blackness. I happen to be of mixed race — black identified mixed race — and so my book kind of inhabits the same questions that I think are important for everyone to consider. Questions such as: What’s our fixation on the attempts to envision a post-racial world all about? Who is to say, for example, that this idea of mixed races — what makes that radical? That term blackness itself is being opened in good ways. So those are the questions that I think my book is asking. It’s referring to the inter-racial experience as a grounding, but it also wants to ask about immigration. I, myself, am a child of immigrant parents. From Italy and Ethiopia. I came to the U.S. to study, also making me an immigrant. My book is also about asking how blackness in Canada relates to roots, movement and differentiation…

Read the entire interview here.

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9 Benefits of Being in an Intercultural Marriage

Posted in Articles, Asian Diaspora, Canada, Family/Parenting, Live Events on 2016-02-21 22:40Z by Steven

9 Benefits of Being in an Intercultural Marriage

Masala Mommas: An Online Magazine for Today’s Moms with a South Asian Connection
2016-02-17

Alexandra Madhavan

My husband is from South India and I am Canadian. We are the living, walking, breathing epitome of cultural differences – he is Hindu, I am Catholic; he is a strict vegetarian, I am not; he comes from a huge traditional Iyengar family, I come from a very small Canadian family. We met and fell in love 10 years ago in college, and it still stands that he’s the best thing that ever happened to me. I fell in love with him because he was perfect for me – and he just happened to be from a completely different culture than my own.

Sure, we have had our challenges. There were difficulties being accepted by his family, we still have frequent misunderstandings, we get stared at a lot in public, and we feel a bit isolated in our journey as an intercultural couple because our mix is such a rarity. But our journey getting to know each other’s cultures has been beautiful, mind-blowing and so interesting.

For Example:

Read the entire article here.

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An Interview with Poet and Room Poetry Coordinator Chelene Knight

Posted in Articles, Autobiography, Canada, Interviews, Media Archive, Women on 2016-02-15 17:02Z by Steven

An Interview with Poet and Room Poetry Coordinator Chelene Knight

Room: Literature, Art, and Feminism Since 1975
Issue 37.4: Claiming Space (2015)

Interview with Bonnie Nish

Chelene Knight was born in Vancouver and is a graduate of The Writer’s Studio at SFU. She has been published in Sassafras Literary Magazine, Room, emerge 2013 and Raven Chronicles and is the Poetry Coordinator at Room. Braided Skin, her first book (Mother Tongue Publishing, March 2015), has given birth to numerous writing projects, including a work in progress, Dear Current Occupant. Her work is deeply rooted in her experiences of mixed ethnicity. Her mother is African-American, and her father and his family were victims of the Asian expulsion in Uganda during the 70s, when President Idi Amin led a campaign of “de-Indianization,” resulting in the “ethnic cleansing” of the country’s Indian minority. Chelene is currently pursuing her BA in English at SFU.

Her first book Braided Skin is forthcoming with Mother Tongue Publishing in spring 2015. Her launch will take place Wednesday April 8th, 2015 from 7-9:30 pm as a part of Twisted Poets Literary Salon run by Pandora’s Collective.

ROOM: First of all Congratulations on your new book Braided Skin (Mother Tongue Publishing). Would you like to tell us something about your new book?

CK: Thank you! Braided Skin is a mix of many things…

Read the entire interview here.

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Braided Skin, Poems

Posted in Autobiography, Books, Canada, Media Archive, Poetry on 2016-02-15 15:52Z by Steven

Braided Skin, Poems

Mother Tongue Publishing
2015-03-15
96 pages
8″ x 6″
Paperback ISBN: 978-1-896949-50-5

Chelene Knight

Braided Skin is the vibrant telling of experiences of mixed ethnicity, urban childhood, poverty and youthful dreams through various voices. Knight writes a confident rhythm of poetry, prose and erasure by using the recurring image of braiding–a different metaphor than “mixing,” our default when speaking the language of race. In the title poem “Braided Skin,” this terminology shifts, to entwining and crossing, holding together but always displaying the promise or threat of unravelling. This is just as all tellings of family, history and relationships must be–“Skin that carries stories of missing middles.” When speaking about race, Knight raises the question, then drops it, and the image becomes other objects, then abstraction, and memory–finally becoming something “she breathes in” actively.

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Racialization and its paradigms: From Ireland to North America

Posted in Articles, Canada, Europe, Media Archive, Social Science, United States on 2016-02-03 14:57Z by Steven

Racialization and its paradigms: From Ireland to North America

Current Sociology
Volume 64, Number 2 (March 2016)
pages 213-227
DOI: 10.1177/0011392115614782

Vilna Bashi Treitler, Professor of Black and Latino Studies; Professor of Sociology
City University of New York

This article offers a template for understanding and analyzing racialization as a paradigm. Further, this template is applied to the North American case – an important one because it has endured and spread across the globe despite the enormous weight of scientific evidence against it. The fallacy of race (and in particular the North American Anglo-origin variant) endures for two reasons. First, social agents seeking to gain or maintain power and control over paradigm-relevant resources benefit from reinvesting in pseudoscientific racial paradigms. Second, new science proving the fallacy of race is ignored because ignoring new paradigmatic science is in fact the way normal science operates. Thus, a paradigmatic analysis of race may help to explain why current social science approaches to the demise of racial thought may be ineffective.

Read or purchase the article here. Read the working paper “Racialization – Paradigmatic Frames from British Colonization to Today, and Beyond” here.

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“I Don’t See Color” Personal and Critical Perspectives on White Privilege

Posted in Anthologies, Books, Canada, Economics, History, Identity Development/Psychology, Literary/Artistic Criticism, Media Archive, Philosophy, Social Science, United States on 2016-01-03 15:34Z by Steven

“I Don’t See Color” Personal and Critical Perspectives on White Privilege

Pennsylvania State University Press
2015
280 pages
6 x 9
Hardcover ISBN: 978-0-271-06499-4

Edited by:

Bettina Bergo, Associate Professor of Philosophy
Université de Montréal, Montreal, Canada

Tracey Nicholls, Associate Professor of Philosophy
Lewis University, Romeoville, Illinois

Who is white, and why should we care? There was a time when the immigrants of New York City’s Lower East Side—the Irish, the Poles, the Italians, the Russian Jews—were not white, but now “they” are. There was a time when the French-speaking working classes of Quebec were told to “speak white,” that is, to speak English. Whiteness is an allegorical category before it is demographic.

This volume gathers together some of the most influential scholars of privilege and marginalization in philosophy, sociology, economics, psychology, literature, and history to examine the idea of whiteness. Drawing from their diverse racial backgrounds and national origins, these scholars weave their theoretical insights into essays critically informed by personal narrative. This approach, known as “braided narrative,” animates the work of award-winning author Eula Biss. Moved by Biss’s fresh and incisive analysis, the editors have assembled some of the most creative voices in this dialogue, coming together across the disciplines.

Along with the editors, the contributors are Eduardo Bonilla-Silva, Nyla R. Branscombe, Drucilla Cornell, Lewis R. Gordon, Paget Henry, Ernest-Marie Mbonda, Peggy McIntosh, Mark McMorris, Marilyn Nissim-Sabat, Victor Ray, Lilia Moritz Schwarcz, Louise Seamster, Tracie L. Stewart, George Yancy, and Heidi A. Zetzer.

Table Contents

  • Preface / Eula Biss
  • Introduction / Bettina Bergo and Tracey Nicholls
  • Part I. What is White Privilege?
    • Chapter 1: Deprivileging Philosophy / Peggy McIntosh
    • Chapter 2: White Privilege and the Problem with Affirmative Action / Lewis R. Gordon
    • Chapter 3: Revisioning “White Privilege” / Marilyn Nissim-Sabat
  • Part II. The Images and Rhetoric of White Privilege
    • Chapter 4: The Very Image of Privilege: Film Creation of White Transcendentals in Vienna and Hollywood / Bettina Bergo
    • Chapter 5: Painting and Negotiating Colors / Lilia Moritz Schwarcz
    • Chapter 6: I Was an Honorary White Man: Reflections on Space, Place, and Origin / Mark McMorris
  • Part III. Troubling Privilege
    • Chapter 7: Whiteness as Insidious: On the Embedded and Opaque White Racist Self / George Yancy
    • Chapter 8: White Privilege: The Luxury of Undivided Attention / Heidi A. Zetzer
    • Chapter 9: The Costs of Privilege and Dividends of Privilege Awareness: The Social Psychology of Confronting Inequality / Tracie L. Stewart and Nyla R. Branscombe
    • Chapter 10: Unpacking the Imperialist Knapsack: White Privilege and Imperialism in Obama’s America / Eduardo Bonilla-Silva, Victor Ray, and Louise Seamster
  • Part IV. Other Perspectives on White and Western Privilege
    • Chapter 11: Whiteness and Africana Political Economy / Paget Henry
    • Chapter 12: The Great White North: Failing Muslim-Canadians – Failing Us All / Tracey Nicholls
    • Chapter 13: Rethinking Ethical Feminism through uBuntu / Drucilla Cornell
    • Chapter 14: The Afrocentrist Critique of Eurocentrism: The Decolonization of Knowledge /Ernest-Marie Mbonda
  • Contributor Biographies
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