Publications
Pamela has numerous publications including two books, legal academic journal publications, magazine articles and invited news editorials.
Publications
Indigenous Nationhood 鈥� Empowering Grassroots Citizens
Indigenous Nationhood is a selection of blog posts by Pamela Palmater. Palmater offers critical legal and political commentary and analysis on legislation, Aboriginal rights, Canadian politics, First Nations politics and social issues such as murdered and missing Indigenous women, poverty, economics, identity and culture. Palmater鈥檚 writing tackles myths and stereotypes about Indigenous peoples head-on, discusses Indigenous nationhood and nation building, examines treaty rights and provides an accessible, critical analysis of laws and government policies being imposed on Indigenous peoples.
Fiercely anti-racist and anti-colonial, this book is intended to help rebuild the connections between Indigenous citizens and their home communities, local governments and Indigenous Nations for the benefit of future generations.
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Beyond Blood 鈥� Rethinking
Indigenous Identity
Author Pamela Palmater argues that the Indian Act鈥檚 registration provisions (status) will lead to the extinguishment of First Nations as legal and constitutional entities. The current status criteria contain descent-based rules akin to blood quantum that are particularly discriminatory against women and their descendants.
Beginning with a historic overview of legislative enactments defining Indian status and their impact on First Nations, the author examines contemporary court rulings dealing with Aboriginal rights and the Canadian Charter of Rights and Freedoms in relation to Indigenous identity. She also examines various band membership codes to determine how they affect Indigenous identity, and how their reliance on status criteria perpetuates discrimination. She offers suggestions for a better way of determining Indigenous identity and citizenship and argues that First Nations themselves must determine their citizenship based on ties to the community, not blood or status.
P. Palmater, 鈥淟iving Treaty: A Mi鈥檏maw Story鈥� in Mi鈥檏maw Treaty and Rights: Humanizing the Treaties, Marie Battiste and Jaime Battiste, eds., Cape Breton University Press 2016, (in publication).
P. Palmater, 鈥淐anada: As Long as the Grass Grows and Rivers Flow鈥� in A Bold Vision: Women Leaders Imagining Canada鈥檚 Future (Charlottetown, PEI: Women鈥檚 Network Inc., 2014) 251.
P. Palmater, 鈥淔eathers vs. Guns鈥� in Rabble鈥檚 Best of Rabble 2013 (Toronto: Rabble, 2014).
P. Palmater, 鈥淲hy Are We Idle No More?鈥�, in the Kino-nda-niimi Collective ed., The Winter We Danced: Voices from the Past, the Future and the Idle No More Movement (Winnipeg, Arbeiter Ring Publishing, 2014) 37.
(2014) Aboriginal Policy Studies Journal.
P. Palmater, 鈥淢atnm tel-Mi鈥檏mawi: I鈥檓 Fighting for my Mi鈥檏maw Identity 鈥� (2013) XXXIII vol. 1 Canadian Journal of Native Studies 147.
P. Palmater, 鈥淗arper鈥檚 Indigenous Manifesto: Erasing Canada鈥檚 Indigenous Communities鈥� in Rabble鈥檚 Best of Rabble 2012 (Toronto: Rabble, 2013).
P. Palmater, 鈥淯nbelievable but Undeniable: Genocide in Canada鈥� in Rabble鈥檚 Best of Rabble.ca 2011
(Toronto: Rabble, 2012).
(2011) 65/66 Can. Rev. of
Social Policy 112.
P. Palmater, 鈥淲hen Legislators Make Bad Law: Bill C-3鈥檚 Assault on Democracy鈥�(2011) vol.15, no.1 Aboriginal Law, Ontario Bar Association
P. Palmater, 鈥淚n My Brother鈥檚 Footsteps: Is R. v. Powley the Path to Recognized Aboriginal Identity for Non-Status Indians?鈥� in J. Magnet, D. Dorey, eds., Aboriginal Rights Litigation (Markham: LexisNexis, 2003) 149.
P. Palmater, 鈥淎n Empty Shell of a Treaty Promise: R. v. Marshall and the Rights of Non-Status Indians鈥� (2000)
23 Dal. L.J. 102.
P. Palmater, 鈥淚n Defense of Sovereignty鈥� a review essay of A. Manuel鈥檚 Unsettling Canada: A National Wake-up Call (Toronto: Literary Review of Canada, September-October 2015)
(in publication).
P. Palmater, 鈥淛ustifying Blood Quantum as Sui Generis State Law鈥� a review essay of K. Gover鈥檚 Tribal Constitutionalism: States, Tribes, and the Governance of Membership (2012) June/July Review of Constitutional Studies in June 2012).
a review of J. Reilly, Bad Medicine: A Judge鈥檚 Struggle for Justice in a First Nations Community (Toronto: Literary Review of Canada,
July-August 2011) .
, book review of T. Flanagan, C. Alcantara, A. Le Dressay, Beyond the Indian Act: Restoring Aboriginal Property Rights (Toronto: Literary Review of Canada, 2010).
as part of The Harper Decade: Canada Has Changed [16 July 2015],
(Telesur English) [24 June 2015],
(Telesur English) [17 June 2015]
(Telesur English) [8 June 2015],
(Telesur English) [25 May 2015],
P. Palmater, 鈥淚nternational Women鈥檚 Day: Indigenous Women still not equal in Canada鈥� (Ottawa: CBC News, 2015)
[7 March 2015].
P. Palmater, 鈥淐an a new national chief make the AFN relevant?鈥� (Ottawa: CBC News, 2014) [9 December 2014].
P. Palmater, 鈥淚ndian status: Why Lynn Gehl鈥檚 court challenge matters鈥� (Ottawa: CBC News Analysis, 2014) [20 October 2014].
P. Palmater, 鈥淗arper鈥檚 Assimilatory Agenda just had a head-on collision with Indigenous Resistance鈥� (Ottawa: Hill Times, 2014) [12 May 2014].
P. Palmater, 鈥淎ssembly of First Nations at Critical Crossroads鈥�(Toronto: Toronto Star, 2014) [5 May 2014].
P. Palmater, A. Dumas, 鈥淢anitoba鈥檚 Epic Failure: Manitoba and Mining Companies Work Together to Deny First Nation Rights鈥�(Winnipeg: Grassroots News, 2013) [10 September 2013].
P. Palmater, 鈥淎 Movement to Protect the Earth Rises in Canada鈥�(Minnesota, USA: On The Commons: Commons Magazine, 2013) [4 February 2013].
P. Palmater, 鈥淣ative Winter is Here: Harper Better Buy a Warm Coat鈥�feature article in Weetamah Newspaper (February 2013).
P. Palmater, 鈥淲hy Idle No More Matters to Us All鈥� feature article in NOW Magazine, vol.32, no.19 (January 2013).
P. Palmater, 鈥淲hy We Are Idle No More鈥� (Ottawa: Ottawa Citizen 2012) [29 December 2012].
P. Palmater, 鈥淔orcing our Hearts: Legislative Oppression of Indigenous Women in Canada鈥� opinion piece for FUSE Magazine (May 2012).
P. Palmater, 鈥淯nbelievable but Undeniable: Genocide in Canada鈥�opinion piece for Synergy Magazine (March 2012).
P. Palmater, 鈥淔irst Nations Fiasco鈥�, opinion piece accepted for publication in Precedent Magazine: The New Rules of Law and Style (a law magazine) (Spring 2012).