Sexism and Ts'msyen Law: A Critical Analysis of the Gendered Exclusion in Holding the Name of Chief in Ts'msyen Society
Date
2024
Authors
Gray, Christina
Journal Title
Journal ISSN
Volume Title
Publisher
Abstract
Sexism exists in relation to women holding the highest-ranking name of chief within Ts’msyen society (also spelled Tsimshian and Tsimpsean). There are limited historic examples of Ts’msyen women holding the chief names. Some of these examples occurred with colonialism at a time when there was greater church influence in Ts’msyen communities. Today, the sexist pattern persists within Ts’msyen society, including within legal and governance systems where women are excluded based on their gender from holding the highest-ranking names. Despite the sexist pattern, women have legal agency, and they are at the centre of the Ts’msyen matrilineal society. My legal research demonstrates that these exclusionary patterns do not result from legitimate legal reasoning and do not constitute valid Ts’msyen law. First, I engage with Indigenous theories on sources of law. Second, I suggest a path forward based on Jennifer Nedelsky’s four-step relational approach to creating transformative change which I apply to the Ts’msyen legal principle of equality for application to gender equality of chiefs’ names.
Description
Keywords
Ts'msyen, Ts'msyen law, Ts'msyen society, Indigenous law, Indigenous legal order