Shaughnessy, Peggy

This dissertation, titled "Echoes of Injustice: Regulating Indigenous Masculinity through Canadian Legal and Colonial Systems, "examines how the Canadian criminal justice system—through its denial of colonial violence and its regulation of Indigenous masculinity—has contributed to the ongoing criminalization and marginalization of Indigenous men. By critically engaging with both historical and contemporary legal frameworks, including the Indian Act, restorative justice practices, and landmark cases such as R. v. Gladue and Blackwater v. Plint, this research traces how colonial narratives remain embedded in Canadian jurisprudence. These narratives often portray Indigenous men as inherently violent, deviant, and in need of regulation. The central research question guiding this work is: How has the Canadian criminal justice system, through its denial of colonial violence and its regulation of Indigenous masculinity, contributed to the continued criminalization and marginalization of Indigenous men? Grounded in the theoretical frameworks of Frantz Fanon and Michel Foucault, this dissertation argues that the legal system not only fails to address the structural impacts of settler colonialism but also actively reproduces colonial violence by projecting it back onto Indigenous male bodies. In doing so, it reinforces pathologizing narratives and obstructs opportunities for meaningful healing and justice. Each chapter applies this theoretical lens to specific legal cases and state policies, demonstrating how Indigenous men are constructed as threats to colonial order and denied recognition as victims of systemic trauma. Using a counter-narrative methodology, this dissertation challenges dominant legal and academic discourses, revealing how they obscure the lived realities of Indigenous men and sustain one-dimensional portrayals that rationalize state control. The counter-narrative approach is not merely a tool for alternative interpretation; it is a necessary act of decolonial resistance—one that disrupts colonial knowledge production and reclaims interpretive authority. By centring Indigenous voices and rejecting pathologizing settler narratives, this methodology contributes to the broader project of Indigenous resurgence: the revitalization of Indigenous masculinities, sovereignties, and justice systems on Indigenous terms. Ultimately, this work calls for a fundamental reimagining of justice—one that dismantles colonial legal foundations and embraces decolonial frameworks rooted in healing, accountability, and the resurgence of Indigenous masculinities.

Author Keywords: Colonial Violence, Colonialism Criminalization, Gladue Principles, Indian Act, Indigenous Masculinity, Restorative Justice