Full Description
A scathing critique of the colonial legal system's denial of children's rights
One afternoon in 2016, law professor Robin Hansen receives a call. On the other end of the line is "Jacquie"—a pregnant Indigenous woman, nine weeks from her due date and terrified for the welfare of her unborn son. Jacquie has been sentenced to a custodial prison sentence and her son will be automatically separated from her immediately after his birth.
As Hansen works to help Jacquie with her appeal, she uncovers the legal system's inherent discrimination against mothers in custody and the children born to them. Using Access to Information requests along with extensive research, Hansen examines the legal rights of these women—the majority of whom are Indigenous—and finds that Jacquie and her son are by no means alone: automatic mother-infant separation without due process remains the norm in most jurisdictions in Canada.
Prison Born calls attention to the colonial and gendered assumptions that continue to underpin the legal system—assumptions that so frequently lead to the violation of the rights and denial of personhood for children and their mothers.
Contents
List of Tables
Introduction
PART I. OBSERVATIONS
1. Sentencing the Newborn
2. Automatic Separation in Canada
PART II. THEORY
3. A Systems View of the Legal System
4. The Colonial Lens: Seeing the "Savage" and the "Dying"
5. Case Study: The Stanley Acquittal
PART III. ANALYSIS: SPATIAL DEFINITIONS IN COLONIAL IDEOLOGY
6. The Instrumentalized Stereotype of the Unfit Indigenous Mother
7. Courts as the Gateway to Indigenous Over-Incarceration
8. Prison Wastelands and the Removal of Children
PART IV. ANALYSIS: OTHER ASPECTS OF THE SYSTEM
9. Law through the Androcentric Lens
10. Factors that Buffer the Legal System from Change
PART V. SOLUTIONS
11. The Illegality of Shackling a Pregnant Person in Labour
12. How the Law Protects a Newborn from Automatic Separation from Their Mother 195
Conclusion
Acknowledgements
Appendix A. Canadian Federal/Provincial/Territorial Ministers of Justice (2023)
Bibliography
Notes
Index
