Shiri Pasternak, Sue Collis, Tia Dafnos. “Criminalization at Tyendinaga: Securing Canada’s Colonial Property Regime through Specific Land Claims,” Canadian Journal of Law and Society, May 2013: 1-17.
[Winner, 2013 Best Article, Canadian Law and Society Association]
Drawing on unpublished material on the history of the Culbertson Tract, records obtained through access to information requests, and firsthand knowledge from the community, we trace Mohawk legal and extralegal strategies aimed at reclaiming the Tract to show how Canada legitimizes and manages the continued dispossession of land from the Mohawks of Tyendinaga. Through the criminalization of community members opposing settlement terms under the land claims policy, we conclude that the policy of extinguishment contained in the land claims policy is furthered by policing resistance with the use of security forces on the ground.