The Space of Difference in Law: Inquests into Aboriginal Deaths in Custody

Abstract

Paul Alphonse, a 67 year-old Aboriginal died in hospital while in police custody. A significant contributing factor to his death was that he was stomped on so hard that there was a boot print on his chest and several ribs were broken. His family alleged police brutality. The inquest into the death of Paul Alphonse offers an opportunity to explore the contemporary relationship between Aboriginal people and Canadian society and, significantly, how law operates as a site for managing that relationship. I suggest that we consider the boot print on Alphonse's chest and its significance at the inquest in these two different ways. First, although it cannot be traced to the boot of the arresting officer, we can examine the boot print as an event around which swirls Aboriginal/police relations in Williams Lake, both the specific relation between the arresting officer and Alphonse, and the wider relations between the Aboriginal community and the police. Second, the response to the boot print at the inquest sheds light on how law is a site for obscuring the violence in Aboriginal people's lives. A boot print on the chest of an Aboriginal man, a clear sign of violence, comes to mean little because Aboriginal bodies are considered violable – both prone to violence, and bodies that can be violated with impunity. Law, in this instance in the form of an inquest, stages Aboriginal abjection, installing Aboriginal bodies as too damaged to be helped and, simultaneously to harm. In this sense, the Aboriginal body is homo sacer, the body that maybe killed but not murdered. I propose that the construction of the Aboriginal body as inherently violable is required in order for settlers to become owners of the land.

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