RadCasts

With rigorous scrutiny and deep care, Robin Hansen's Prison Born: Incarceration and Motherhood in the Colonial Shadow (U Regina Press, 2024) offers crucial insight into the intersections of ongoing colonial harms facing Indigenous mothers in Canada. Building from an unplanned call to Hansen from a pregnant, incarcerated Indigenous woman in 2016, Prison Born highlights how custodial prison sentences cause discriminatory and swift harm—automatically separating mothers from their children, immediately after birth.

Using Access to Information requests along with extensive research, Hansen examines the legal rights of these women—the majority of whom are Indigenous—and finds that Jacquie and her son are by no means alone: automatic mother-infant separation without due process remains the norm in most jurisdictions in Canada. Prison Born calls attention to the colonial and gendered assumptions that continue to underpin the legal system—assumptions that so frequently lead to the violation of the rights and denial of personhood for children and their mothers.

Robin Hansen is an Associate Professor in the Faculty of Law at the University of Saskatoon. Her research focuses on legal personhood; public and private international law; and systems theory of law.
Rine Vieth is an FRQ Postdoctoral Fellow at Université Laval. They are currently studying how anti-gender mobilization shapes migration policy, particularly in regards to asylum determinations in the UK and Canada.

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