¹ Phillips, R., Mapping Men and Empire: A Geography of Adventure (New York: Routledge, 1997) at 147 Google Scholar [hereinafter Phillips]

² R. v. Kummerfield & Ternowetsky, “Transcript of 12–15, 18–22, 25–28 November, and 2–5, 9–12, and 17–20 December 1996” [1997] (Regina, Sask. Prov. Ct. [Crim. Div.]) at 3469 [hereinafter “Transcript”].

³ Ibid. at 4755.

⁴ Pacholik, B., “Relief, and Anger. Aboriginal Spokesman Demands Appeal” Regina Leader Post (21 December 1996) A1.Google Scholar

⁵ R. v. Kummerfield, [1998] 9 W.W.R. 619; R. v. Kummerfield (S.T.) & Ternowetsky (A.D.), [1998] 163 Sask. R. 257.

⁶ See e.g. B. Balos & M.L. Fellows, “A Matter of Prostitution: Becoming Respectable” (1999) 74 N.Y.U.L.Rev. 1220. “The unstated assumption is that if a woman enjoyed a benefit, she ‘assumed the risk’ and therefore bears responsibility for the violence, leaving the alleged perpetrator less accountable for his behavior.” Ibid. at 1231.

⁷ I use the term ‘degeneracy’ in this article to denote those groups whom Foucault describes as the “internal enemies” of the bourgeois male – women, racial others, the working class, people with disabilities, in short all those who would weaken the vigorous bourgeois body and state. For a discussion of the concepts of respectability and degeneracy, see Razack, S., “Race, Space and Prostitution: The Making of the Bourgeois Subject” (1998) 10 C.J.W.L. 338.Google Scholar

⁸ For a general argument of this kind, made with respect to Aboriginal people in the inner city, see La Prairie, C., Seen But Not Heard: Native People in the Inner City (Ottawa: Minister of Justice and Attorney General of Canada, 1994).Google Scholar La Prairie writes: “Overall, the research suggests that social stratification and the experience people have in their families dictate the role they play in cities. It is the ill-equipped who are mostly seen on the streets of the inner city.” Ibid. at 19. Similar to the deficit model in educational theory, this view places the problems Aboriginal peoples have in cities squarely on their own shoulders, leaving little room for the ongoing effects of colonial practices emphasized in this article.

⁹ Phillips, supra note 1 at 338.

¹⁰ Quoted in “The Victims: Life and Death on the Edge of Nowhere” [Saskatoon] Star Phoenix (8 June 1996) C3. Denise McConney cites this article and I am grateful to her for bringing it to my attention. McConney, D., “Differences For Our Daughters: Racialized Sexism in Art, Mass Media, and the Law” (1999) 19:1 & 2 Can. Women's Stud. 209 at 213Google Scholar [hereinafter McConney].

¹¹ Goldberg, D., Racist Culture, Philosophy and the Politics of Meaning (Cambridge, Mass.: Blackwell Publishers, 1993) at 185–205.Google Scholar

¹² Canada, Profile of Census Tracts in Regina and Saskatoon (Ottawa: Statistics Canada, 1999).Google Scholar Regina's total population for 1996 was 193,652. Of that total 14,565 persons identified as Aboriginal. Ibid. at 4–6. On the problems associated with Aboriginal census data, see Saku, J., “Aboriginal Census Data in Canada: A Research Note” (1999) 19:2 Can. J. Nat. Stud. 365.Google Scholar In coming years Saskatchewan is expected to have a greater proportion of population with Aboriginal identity: 13 percent by 2016. Statistic Canada and Population Projections Section, Demography Division, Projections of the Population with Aboriginal Identity, Canada, 1991–2016 by Norris, M.J., Kerr, D. & Nault, F. (Ottawa: Statistics Canada, 1996).Google Scholar

¹³ Anaquod, D. & Khaladkar, V., “Case Study: The First Nations Economy in the City of Regina”, CD-ROM: For Seven Generations: An Information Legacy of The Royal Commission on Aboriginal Peoples (Ottawa: Libraxus, 1997) at 6 Google Scholar [hereinafter For Seven Generations].

¹⁴ Brennan, J.W., Regina, An Illustrated History (Toronto: Lorimer & Canadian Museum of Civilization with the Secretary of State, 1989) at 37 Google Scholar; Carter, S., Capturing Women: The Manipulation of Cultural Imagery in Canada's Prairie West (Montreal & Kingston: McGill-Queens' Press, 1997) at 20–21.Google Scholar The brutality of the NWMP and the RCMP towards Aboriginal peoples, and their sexual brutality towards Aboriginal women is described in Brown, L. & Brown, C., An Unauthorized History of the RCMP (Toronto: James Lewis & Samuel, 1973) at 143–81.Google Scholar

¹⁵ Carter, Ibid. at 187. In 1894 amendments to the Indian Act racially encoded the suspect morality of the Aboriginal woman, as well as the suspect obedience – to spatial confinement – of the Aboriginal man. That year Indian agents regained their criminal law authority over certain sexual offences committed by Aboriginal persons (first articulated in 1890), and two additional offences became law: Indian prostitution and Indian vagrancy. Canada, Report of the Royal Commission on Aboriginal Peoples: Looking Forward, Looking Back, vol. 1 (Ottawa: Supply and Services Canada, 1996) (Co-Chairs: Dussault, R. & Erasmus, G.) at 289.Google Scholar

¹⁶ Carter, Ibid. at 182.

¹⁷ Ibid. at 179.

¹⁸ Ibid. at 180.

¹⁹ Ibid. at 181.

²⁰ Ibid. at 189–90.

²¹ J. Harding, “Presentation to the Royal Commission on Aboriginal Peoples” (Regina, Sask. 11 May 1993) CD-ROM: For Seven Generations, supra note 13 at 321 [hereinafter Harding].

²² Brennan, supra note 14 at 165.

²³ Barsh, R.L., “Aboriginal People in an Urban Housing Market: Lethbridge, Alberta” (1997) 17:2 Can. J. Nat. Stud. 203.Google Scholar

²⁴ Ibid. at 212.

²⁵ Williams, A.M., “Canadian Urban Aboriginals: A Focus on Aboriginal Women in Toronto” (1997) 17:1 Can. J. Nat. Stud. 75.Google Scholar

²⁶ Canada, Report of the Royal Commission on Aboriginal Peoples: Perspectives and Realities, vol. 4 (Ottawa: Supply and Services Canada, 1996) at 603 [hereinafter Perspectives].

²⁷ R.S., C. P-17.

²⁸ “Qu'Appelle Valley Indian Development Authority Inquiry Report on: Flooding Claim Cowessess First Nation, Muscowpetung First Nation, Ochapowace First Nation, Pasqua First Nation, Sakimay First Nation, Standing Buffalo First Nation” online: Indian Claims Commission Homepage (Claimsmap) http://www.indianclaims.ca/english/claimsmap/prov_sask.htm> (last modified: May 2000).

²⁹ Perspectives, supra note 26 at 602.

³⁰ Ibid. at 543.

³¹ For Seven Generations, supra note 13 at 1–2.

³² Canada, Royal Commission on Aboriginal Peoples, Aboriginal Peoples in Urban Centres: Report of the National Round Table on Aboriginal Urban Issues (Ottawa: Supply and Services Canada, 1993) at 91 Google Scholar [hereinafter National Round Table].

³³ Perspectives, supra note 26 at 520.

³⁴ National Round Table, supra note 32.

³⁵ Ibid. at 77.

³⁶ Perspectives, supra note 26 at 518. The authors of Report of the Royal Commission on Aboriginal Peoples are quoting the Native Council of Canada, Decision 1992: Background and Discussion Points for the First Peoples Forum (Ottawa: Native Council of Canada 1992) at 10.

³⁷ R. Bellamy, Saskatoon Friendship Inn, “Discussion Paper C” (Saskatoon, Saskatchewan, 13 May 1993) CD-ROM: For Seven Generations, supra note 13 at 366. For more general Aboriginal commentary on the pervasive quality of racism in urban life, see also Perspectives, supra note 26 at 426–28.

³⁸ Bellamy, Ibid. at 367.

³⁹ Harding, supra note 21.

⁴⁰ Brennan, supra note 14 at 165.

⁴¹ Hylton, J. cited in Royal Commission on Aboriginal Peoples, Bridging the Cultural Divide: A Report on Aboriginal People and Criminal Justice in Canada (Ottawa: Supply and Services Canada, 1996) at 31 n. 41Google Scholar [hereinafter Bridging].

⁴² Finn, A. et al. , “Female Inmates, Aboriginal Inmates, and Inmates Serving Life Sentences: A One Day Snapshot” Juristat 19:5 (Ottawa: Canadian Centre for Justice Statistics/Statistics Canada, 1999) at 9.Google Scholar In addition, “at the provincial/territorial level, a larger proportion of Aboriginal than non-Aboriginal inmates were segregated from the rest of the inmate population (11 percent versus 4 percent).” Ibid.

⁴³ Monture-Angus, P., “Women and Risk: Aboriginal Women, Colonialism, and Correctional Practice” (1999) 19:1&2 Can. W. Stud. 24 at 28, n. 3.Google Scholar

⁴⁴ Manitoba, Report of the Aboriginal Justice Inquiry of Manitoba: The Justice System and Aboriginal People, vol. 1 (Winnipeg: Queen's Printer, 1991) (Commissioners: Hamilton, A. C. & Sinclair, C.M.) at 498 Google Scholar [Aboriginal Justice Inquiry] In describing the Saskatchewan situation, Manitoba's commissioners were highlighting the fact that the disproportionate rate of Aboriginal women represented in Manitoba's Portage Correctional Institution (at that time 70 percent) was by no means unique, particularly when considered within the prairie regional context.

⁴⁵ Harding, supra note 21 at 323.

⁴⁶ Bridging, supra note 41 at 31–32 [notes omitted].

⁴⁷ “Fact Sheets: Alternatives to Incarceration” online: Elizabeth Fry Society Homepage http://www.elizabethfry.ca/factsl_e.htm (date accessed: 21 July 2000). According to the Society, in 1998 “41 percent of federally sentenced women who are classified as maximum security women are Aboriginal, whereas Aboriginal women represent only 18.7 percent of the total population of federally sentenced women, and less than 2 percent of the population of Canada.” “Position of the Canadian Association of Elizabeth Fry Societies (CAEFS) Regarding the Classification and Carcerai Placement of Women Classified as Maximum Security Prisoners” online: Elizabeth Fry Society Homepage <http://www.elizabethfry.ca/maxe.htm> (date accessed 21 July 2000).

⁴⁸ Harding, supra note 21 at 324–26.

⁴⁹ Ibid. at 327–28.

⁵⁰ Ibid. at 333.

⁵¹ Perspectives, supra note 26 at 577.

⁵² Harding, supra note 21 at 334.

⁵³ Ibid., at 335.

⁵⁴ Canada, Royal Commission on Aboriginal Peoples, Choosing Life: Special Report on Suicide Among Aboriginal People (Ottawa: Supply and Services Canada, 1995).Google Scholar

⁵⁵ Ibid., at 33–34.

⁵⁶ Of course Aboriginal women also endure considerable violence from the men of their own communities. I would argue that such violence is of a different order than the violence discussed here although the obvious link is that both emerge out of conditions of colonization. As Emma Larocque so insightfully commented in her testimony to the Aboriginal Justice Inquiry of Manitoba, the squaw stereotype regulates relations between Aboriginal men and women as it does between Aboriginal women and white society. Larocque, E., “Written Presentation to Aboriginal Justice Inquiry Hearings, 5 February 1990” cited in Aboriginal Justice Inquiry, supra note 44 at 479.Google Scholar See Razack, S., Looking White People in the Eye: Gender, Race and Culture in Courtrooms and Classrooms (Toronto: University of Toronto Press, 1998) at 69.Google Scholar

⁵⁷ Manitoba, , Report of the Aboriginal Justice Inquiry of Manitoba: The Deaths of Helen Betty Osborne and John Joseph Harper, vol. 2 (Winnipeg: Queen's Printer, 1991) at 52.Google Scholar

⁵⁸ Sheane, J.L., “Life and Death on the Edge of Nowhere” [Saskatoon] Star Phoenix (8 June 1996) C3.Google Scholar

⁵⁹ McConney, supra note 10 at 212.

⁶⁰ Phillips, supra note 1 at 3.

⁶¹ Razack, supra note 7.

⁶² Alloula, M., The Colonial Harem, (Minneapolis: University of Minnesota Press, 1986)CrossRefGoogle Scholar cited in Bishop, R. and Robinson, L. S., Night Market: Sexual Cultures and the Thai Economic Miracle (New York & London: Routledge, 1998) at 151.Google Scholar

⁶³ Robinson, L., Crossing the Line: Violence and Sexual Assault in Canada's National Sport (Toronto: McClelland & Stewart, 1998)Google Scholar [hereinafter Crossing the Line].

⁶⁴ Ibid. at 39.

⁶⁵ Ibid, at 120.

⁶⁶ Ibid. at 151–52.

⁶⁷ Schacht, S.P., “Misogyny On and Off the ‘Pitch’: The Gendered World of Male Rugby Players” (1996) 10:5 Gender & Soc. 550 at 555.CrossRefGoogle Scholar See also Boswell, A.A. & Spade, J.Z., “Fraternities and Collegiate Rape Culture: Why Are Some Fraternities More Dangerous Places for Women?” (1996) 10:2 Gender & Soc. 133.CrossRefGoogle Scholar

⁶⁸ Schacht, ibid. at 557–58.

⁶⁹ Donnelly, P. & Young, K., “The Construction and Confirmation of Identity in Sport Subcultures” (1988) 5 Soc. Sport J. 223 at 235.CrossRefGoogle Scholar

⁷⁰ Wenner, L.A., “In Search of the Sports Bar: Masculinity, Alcohol, Sports, and the Mediation of Public Space” in Rail, G., ed., Sport and Postmodern Times (Albany: Suny Press, 1998) 301.Google Scholar

⁷¹ “Transcript”, supra note 2 at 3515.

⁷² R. v. Kummerfield ά Ternowetsky, “Transcript of Sentencing 30 January 1997” [1997] (Regina, Sask. Prov. Ct. [Crim. Div.]) at 49 [hereinafter “Transcript of Sentencing”].

⁷³ “Transcript”, supra note 2 at 3811.

⁷⁴ Ibid. at 3818.

⁷⁵ Ibid. at 3821.

⁷⁶ Ibid. at 3824.

⁷⁷ Ibid. at 315–24.

⁷⁸ Ibid. at 3829.

⁷⁹ Ibid. at 1009.

⁸⁰ Ibid. at 852.

⁸¹ Ibid. at 1394.

⁸² Although few scholars of sports masculinity discuss the role that race plays in the making of the white male athlete in the contemporary context, several scholars have noted the connections between sport masculinities and empire. See e.g. Morrell, R., “Forging a Ruling Race: Rugby and Masculinity in Colonial Natal, c. 1870–1910” in Navright, J. & Chandler, T.J.L., eds., Making Men: Rugby and Masculine Identity (London: Frank Cass, 1996) 91 Google Scholar; Rutherford, J., Forever England: Reflections on Masculinity and Empire (London: Lawrence & Wishart, 1997).Google Scholar Related Canadian work on sport and national identity has not been explicitly about race and the forging of identities in a white settler society. See e.g. Wamsley, K.B., “The Public Importance of Men and the Importance of Public Men” in White, P. & Young, K., eds., Sport and Gender in Canada (Don Mills, ON: Oxford University Press, 1999) 24 at 34Google Scholar; Bélanger, A., “The Last Game? Hockey and the Experience of Masculinity in Quebec” in White, P. & Young, K., eds., Sport and Gender in Canada (Don Mills, ON: Oxford University Press, 1999) 293–309.Google Scholar

⁸³ “Transcript”, supra note 2 at 315–24.

⁸⁴ Ibid. at 457.

⁸⁵ Ibid. at 595–615.

⁸⁶ Ibid. at 858.

⁸⁷ Ibid. at 846–910.

⁸⁸ Ibid. at 871.

⁸⁹ Ibid. at 574–88.

⁹⁰ Ibid. at 869.

⁹¹ Ibid. at 3588.

⁹² Ibid. at 463–64.

⁹³ Schick describes how white teacher-training candidates whom she interviewed about their responses to a mandatory course on Aboriginal issues, experienced the university as elite space, into which Aboriginal bodies entered as interlopers, contaminating the space by representing everything that was not rational. C. Schick, “Keeping the Ivory Tower White: Discourses of Racial Domination.” See this issue. Crossing the Line, supra note 63 at 226.

⁹⁵ ‘Transcript”, supra note 2 at 3843.

⁹⁶ Ibid. at 3757.

⁹⁷ Ibid. at 486–87.

⁹⁸ Ibid. at 3494.

⁹⁹ Ibid. at 470–95.

¹⁰⁰ Ibid. at 2921.

¹⁰¹ Ibid. at 3760.

¹⁰² Ibid. at 892.

¹⁰³ Ibid. at 3933.

¹⁰⁴ At Public Hearings in Saskatoon for RCAP, Robin Bellamy contrasted this fear typical of (white) suburbanites (“people say that they are concerned about coming down there on a Saturday night at midnight”) with Aboriginal citizens' fear of entering the “better areas of Saskatoon.” Bellamy, supra note 37.

¹⁰⁵ “Transcript”, supra note 2 at 3933.

¹⁰⁶ Recall Harding's assertion that the typical victim of violent crime in racialized urban space is young, female and Aboriginal, not white and male. Supra note 21 at 333. In 1990–91, Aboriginal persons comprised 31 percent of the victims of reported crime in Regina, while they represented approximately 5 percent of the population. Ibid., at 331.

¹⁰⁷ This interpretation was suggested to me by Carol Schick.

¹⁰⁸ “Transcript”, supra note 2 at 262, 304.

¹⁰⁹ Ibid. at 280.

¹¹⁰ Ibid. at 282.

¹¹¹ Ibid. at 1729–30.

¹¹² Ibid. at 4710.

¹¹³ Following press coverage of this incident, the Assembly of First Nations for the prairie region received nearly 600 calls from Aboriginal men and women describing similar acts of violence towards them. O'Hanlon, M., “RCMP Investigate Deaths of Saskatoon Aboriginals” [Toronto] Star (17 February 2000) A3.Google Scholar

¹¹⁴ “Transcript”, supra note 2 at 3574, 3888.

¹¹⁵ da Silva, D. Ferreira, “Interrogating the Socio-Logos of Justice: Considerations of Race Beyond the Logic of Exclusion” Law and Society Association Summer Institute, University of Buffalo, SUNY (8 July 2000) at 2 [unpublished].Google Scholar

¹¹⁶ For example, Sander Gilman shows how prostitutes in 19^th century Europe were depicted with African features even though they were nearly all white. Gilman, S., “Black Bodies, White Bodies: Toward an Iconography of Female Sexuality in Late Nineteenth-Century Art, Medicine and Literature” in Donald, J. & Rattansi, A., eds., “Race” Culture and Difference (London: The Open University, 1992) 171.Google Scholar Similarly, McClintock discusses the racialization of the Irish poor, routinely depicted with Black skin in 19th Century England. McClintock, A., Imperial Leather (New York: Routledge, 1995) at 52–53.Google Scholar

¹¹⁷ “Transcript”, supra note 2 at 3281–82 [emphasis added].

¹¹⁸ Ibid. at 2922.

¹¹⁹ Ibid. at 444.

¹²⁰ Ibid. at 3345.

¹²¹ Ibid. at 2928.

¹²² Ibid. at 2844–49.

¹²³ Ibid. at 2883.

¹²⁴ Hall is in this instance being read as his 19^th century counterpart would have been, that is, as a “squaw man.” Carter notes that white lower-class men labeled in this way were often blamed by the police for crimes such as liquor offences. Supra note 14 at 184.

¹²⁵ “Transcript”, supra note 2 at 3008.

¹²⁶ O'Connor, K., “Issac Felt Police Would Frame Him” [Regina] Leader Post (23 December 1996) A1.Google Scholar

¹²⁷ “Transcript” supra note 2 at 444.

¹²⁸ Ibid. at 846.

¹²⁹ Ibid. at 2114.

¹³⁰ Ibid. at 2116.

¹³¹ Ibid. at 811.

¹³² Sutter, T., “‘She Was My Baby’” [Regina] Leader Post (13 May 1995, Saturday Magazine) at 1.Google Scholar

¹³³ Ibid.

¹³⁴ “Transcript”, supra note 2 at 1113.

¹³⁵ Ibid. at 33, 132.

¹³⁶ Ibid. at 4248.

¹³⁷ Ibid. at 2993.

¹³⁸ Ibid. at 2619.

¹³⁹ Ibid. at 3562.

¹⁴⁰ Ibid. at 457.

¹⁴¹ Ibid. at 3763.

¹⁴² Crossing the Line, supra note 63 at 44.

¹⁴³ “Transcript”, supra note 2 at 2139.

¹⁴⁴ “Transcript of Sentencing”, supra note 72 at 37.

¹⁴⁵ “Transcript”, supra note 2 at 3480.

¹⁴⁶ Ibid. at 4632.

¹⁴⁷ Ibid. at 4633.

¹⁴⁸ Ibid. at 4527–25.

¹⁴⁹ Ibid. at 4633.

¹⁵⁰ Ibid. at 4449.

¹⁵¹ Cynthia Lee speculates that this may be the case in cases where provocation is the defense used by men who kill unfaithful wives. Lee, C., “She Made me Do It! Killings in Response to Infidelity” (May 1999) [unpublished, in author's possession].Google Scholar

¹⁵² “Transcript of Sentencing”, supra note 72 at 69.

¹⁵³ “Transcript”, supra note 2 at 4755.

¹⁵⁴ Ibid. at 4825.

¹⁵⁵ Ibid. at 4344.

¹⁵⁶ Ibid. at 4809, 4824.

¹⁵⁷ Ibid. at 4795.

¹⁵⁸ Ibid. at 406.

¹⁵⁹ Ibid. at 1409.

¹⁶⁰ Ibid. at 3205.

¹⁶¹ “Transcript of Sentencing”, supra note 72 at 47.

¹⁶² Justice Malone, “Response to the Honourable Chief Justice Allan McEachern to Complaints by Ms. Sharon Ferguson-Hood and Ms. Ailsa Watkinson and Others, February 6, 1997” [1997] (Regina, Sask. Prov. Ct. [Crim. Div.]).

¹⁶³ Crossing the Line, supra note 63 at 44.

¹⁶⁴ “Transcript” supra note 2 at 2550.

¹⁶⁵ Ibid. at 2173.

¹⁶⁶ “Transcript of Sentencing”, supra note 72 at 50.

¹⁶⁷ That Aboriginal people are stereotyped as drunk and criminal is acknowledged by the Court in R. v. Williams, [1998] 1 S.C.R. 1158 at para. 58.

¹⁶⁸ “Transcript of Sentencintg”, supra note 72 at 40.

¹⁶⁹ “Justice Malone”, supra note 162 [emphasis added].

¹⁷⁰ “Transcript”, supra note 2 at 5023.

¹⁷¹ “Transcript of Sentencing”, supra note 72 at 39.

¹⁷² Ibid., at 60. While I do not take a position on the value of long prison terms, I note here that they have been traditionally understood by society as an indicator of the severity of the crime.