Marginal Citizens: Interracial intimacies and the incarceration of Japanese Canadians, 1942–1949

Posted in Articles, Asian Diaspora, Canada, History, Law, Media Archive, Politics/Public Policy on 2022-01-11 21:22Z by Steven

Marginal Citizens: Interracial intimacies and the incarceration of Japanese Canadians, 1942–1949

Canadian Journal of Law and Society / La Revue Canadienne Droit et Société
Published online 2021-09-08
DOI: 10.1017/cls.2021.18

Mary Anne Vallianatos, Ph.D. Candidate
University of Victoria School of Law, British Columbia

Following Japan’s 1941 attacks on Hawai’i and Hong Kong, Canada relocated, detained, and exiled citizens and residents of Japanese ancestry. Many interracial families, however, were exempted from this racial project called the internment. The form of the exemption was an administrative permit granted to its holder on the basis of their marital or patrilineal proximity to whiteness. This article analyzes these permits relying on archival research and applying a critical race feminist lens to explore how law was constitutive of race at this moment in Canadian history. I argue that the permits recategorized interracial intimacies towards two racial ends: to differentiate the citizen from the “enemy alien”; and to regulate the interracial family according to patriarchal common law principles. This article nuances received narratives of law as an instrument of racial exclusion by documenting the way in which a new inclusive state measure sustained old exclusions.

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Colonial Proximities: Crossracial Encounters and Juridical Truths in British Columbia, 1871–1921 (review)

Posted in Anthropology, Articles, Book/Video Reviews, Canada, History, Law, New Media, Social Science on 2010-06-28 17:31Z by Steven

Colonial Proximities: Crossracial Encounters and Juridical Truths in British Columbia, 1871–1921 (review)

Canadian Journal of Law and Society
Volume 25, Number 1, 2010
E-ISSN: 1911-0227 Print ISSN: 0829-3201
DOI: 10.1353/jls.0.0104

Eve Darian-Smith, Professor of Law and Society
University of California, Santa Barbara

Colonial Proximities is a scholarly, innovative, and illuminating exploration of law, race, and society in the British Columbian colonial periphery. It makes a significant contribution to postcolonial studies in its exploration of the complexities of British settler societies’ engagement with racial differences and of the managing of such differences through a range of laws, strategies of governance, and bio-political techniques. Its singular contribution is to bring together colonial histories of European–Native contact and European dealings with the increasing presence of Chinese immigrant populations, along with the growing and unruly classes of “half-breeds.” Because the author links Native studies with migrant studies and reads these two sites of racial engagement as interconnected and mutually constitutive, the analysis presented is rich and deep, filled with the narratives, constructions, and often conflicting ambiguities of race that preoccupied colonial administrators, missionaries, and legal agents in the late nineteenth and early twentieth centuries.

Building upon Mary Louise Pratt’s conceptualization of the “contact zone,” where peoples geographically and historically separated are brought into the same social space and forced to confront their mutual relations, Renisa Mawani underscores the interracial and cross-racial dimensions of the contact zone in British Columbia.

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