They used to bring in a battery—a motor of some sort or some kind of gadget, and he’d put the girl’s hand on it and it would jerk us and it would go all the way through us from end to end—it would travel. This site is protected by reCAPTCHA and the Google, Stolen Lives: The Indigenous Peoples of Canada and the Indian Residential Schools, The Indian Act and the Indian Residential Schools, Elders Talk About the Significance of Long Hair in Native American Culture, Garnet’s Journey: From Residential School to Reconciliation. Sometimes they’ll include recommendations for other related newsletters or services we offer. Hands, Fists, Feet, etc. Miss Tether was distressed following the loss of her shoulder-length hair, but that was an emotion which could not of itself amount to bodily harm. Many people confuse the two. 0 Likes. Officials and missionaries created such propaganda so that they could adopt it as evidence of the radical, “beneficial” changes the schools brought about in their students. You may want to talk to a lawyer about it. Message. October 12, 2016 By Charles Davison. Where a significant portion of a woman's hair is cut off without her consent, this is a serious matter - not trivial or insignificant - amounting to bodily harm." No, but it is legally assault unless you are a parent talking about a child under the age of 10 who you need to give a haircut and they won’t co-operate and even then in some countries an argument for assault or abuse could be made as you are doing something to them presumably against their will which is why you are doing it while they are asleep, and at a time they cannot defend themselves. Thomas Moore, a young Indigenous boy who attended Regina Industrial School, is portrayed with short hair and Western-style clothing. So cutting someone's hair when it's again religious beliefs is considered assault in a lot of places. The Criminal Code has several specific assault related provisions, including common assault, assault causing bodily harm, aggravated assault, and assault with a weapon. When you subscribe we will use the information you provide to send you these newsletters. That's battery, not assault. Criminal Defense Attorney in Plano, TX. To many, it serves as an extension of a person’s mind, reflective of its strength and beauty. And in no other offence situation are the gender lines as clearly drawn: while there are some exceptions, most sexual assault allegations are made by women who say they have been violated by men. Cases have included kissing, spitting and cutting someone's hair without their consent. Learn about the Blue Quills First Nation College, an example of a successful, independent indigenous educational institution in Canada. So off the matron goes to complain to John Andrews, the principal. Everyone in the school knew about this and condoned it, from the principal on down. The Castle Rock, Highlands Ranch, and Parker, Colorado law definition of Assault in … Google has many special features to help you find exactly what you're looking for. Long hair has a deep and spiritual meaning in indigenous cultures. Examples of this kind of assault include punching, pushing, slapping, kicking, spitting, or pulling a chair out from someone who is about to sit down. His government decided to cut and change the compensation programs for victims of crime in the spring budget. Originally Answered: If you don't give consent for someone to cut you hair is that assault since your hair is a part of you? Definition:An unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury. An Ottawa teacher has been sent home after he was accused of cutting the hair of a seven-year-old student with autism at school without permission from the boy's mother. But in the High Court the magistrates' decision was overturned after Timothy Green, appearing for the DPP, successfully argued: "Cutting someone's hair without their consent is obviously an assault and naturally caused bodily harm.". Avvo Rating: 10. It was awful. "I note that an individual's hair is relevant to his or her autonomy. One time we even took a pony from a farmer’s yard and rode it for several nights trying to get home. The hair length and style also distinguish between different indigenous nations. Invalid Email. He fired me for hitting the matron! And since the abusive behaviour of some staff of the residential schools was covered up, some of them routinely abused their students both sexually and physically.4. And you know what he said? Robert Sterling Guest. Other Assaults—Simple, Not Aggravated The UCR Program considers a weapon to be a commonly known weapon (a gun, knife, club, etc.) This content is also available in French. They said it worked for the girls but it didn’t work for the boys. They said: "The cutting of Miss Tether's hair did constitute an assault, but there was no actual bodily harm as there was no bruising, bleeding or cutting of the skin.". It is not necessary that the victim feels the touching. It is intrinsic to each individual and the identity of each individual, although that is not essential to my decision. Anything she did to that little squaw would have been better than us losing our organist.’ Well, that shows you what we were dealing with: the lives of the Indian kids were completely expendable. As you read the different accounts from the students in this reading, what insights do you get about what it might have been like for a student at one of the Indian Residential Schools? Unless that person gave consent to the cutting of the hair, they could be charged with assault and put in the back of a cop car. It is concerned with the body of the individual victim.". Their aboriginal names were replaced with Euro-Canadian ones. It took over three hours to get to Gordon’s from the James Smith Reserve. Website. Assault is one of the more serious violations a Canadian can commit, and is classified as a criminal act, which means it will be tried in court. thestar.com is Canada's largest online news site. . In sharp contrast, many of the methods used by the staff and faculty at the residential schools to discipline students involved severe corporal punishment. Who is cutting hair? I felt very ashamed. Geraldine Sanderson, who attended Gordon’s Indian Residence in Saskatchewan from 1959 to 1964, talks about her classmates’ desires to return to the familiarity of home. Some of the technologies we use are necessary for critical functions like security and site integrity, account authentication, security and privacy preferences, internal site usage and maintenance data, and to make the site work correctly for browsing and transactions. The female concerned lied to police and said I punched her in the face (which i didn't) and also got a friend who was not present to confirm her story and say he witnessed the indecent. Our. Search the world's information, including webpages, images, videos and more. At what point does punishment become abuse? If a conviction is secured, it may result in a criminal record, complete with fingerprint records and other legal processing. Some regard it as their crowning glory - admirers may so regard it in the object of their affections. What do you think school officials were trying to achieve with the physical punishments? Indeed, such offences would earn students long hours—even days—in a dark and secluded closet, often without real food.1 (The cutting of hair on the first day at school or for punishment had a profound meaning. They used to give us shock treatments for bedwetting. Cutting curly or wavy hair properly when it's wet can be difficult, as the water will cause the hair to temporarily lie flat and straight. (which he didn't) I also have a witness who confirmed my story & that the so call witness was not present. And we would do that about three times.8. I was a very little girl. But the residential schools were no elite boarding schools, and for many students the physical punishment experienced in the residential schools was physical abuse. Rather than preparing students for life after schooling was complete, a mixture of willful neglect and abuse negatively impacted many residential school students for the rest of their lives. Long hair has a deep and spiritual meaning in indigenous cultures. Where a significant portion of a woman's hair is cut off without her consent this is a serious matter - not trivial or insignificant - amounting to bodily harm.". Punishment for running away varied. A lot of us never wet our beds but we still had to do it anyway. (Chris Young/The Canadian Press) Victims 'validly' have complaints. When she woke him up, he pushed her down on the bed, produced the kitchen scissors, sat on top of her and cut off her ponytail and hair from the top of her head without her consent, the judges were told. Technically pulling someone's hair would be the use of force or violence upon the person of another and, if unlawful it would be considered a battery. Students who did not adhere to school schedules and regulations received strappings (whippings) and were often humiliated in front of peers. How does Marian MacFarlane explain why the dentists did not give painkillers to the indigenous students? Students who tried to escape from the schools had their hair cut very short. View the French version of the Stolen Lives book. Knife or Cutting Instrument 3. 1 user found this answer helpful. Girls often had their head shaved bald if they tried to run away so that everyone would know. Where a significant portion of a woman's hair is cut off without her consent, this is a serious matter amounting to actual (not trivial or insignificant) bodily harm. Learn about the methodical schedules and system of discipline and surveillance imposed on students of Indian Residential Schools. Licensed for 17 years. What is represented by such acts? Everyone was confirmed. FORCIBLY cutting off a girl's hair could be actual bodily harm, the High Court ruled yesterday. Ann. In the first case of its kind, two eminent judges said hair could be regarded as a person's "crowning glory" - and magistrates at Dudley were wrong when they held that Michael Ross Smith (21) had no case to answer. First, it’s both assault and battery, both of which can be prosecuted as crimes or litigated as torts. No one minded when Indians were hurt, naturally; they were being beaten every day. In California, for example, cutting hair for compensation without a license is subject to an administrative fine and may even result in misdemeanor criminal charges. However, I do think that the professor should have told the patient that it was being done. Battery is defined in NRS 200.481 as any willful and unlawful use of force or violence upon the person of another. What would you do if someone cut your child’s hair without permission? In New Mexico, actual offensive physical contact, such as punching another person or hitting someone with an object, is a battery. "Even if medically and scientifically speaking hair above the surface of the scalp is no more than dead tissue it remains part of the body and is attached to it. George Fairburn, appearing for Smith, said hair may have importance from the point of view of vanity, and it might be something which helped to identify a person's lifestyle and personality - "but that should not allow such importance to be attached to it in the way injury to another part of the body might". Yesterday Sir Igor Judge, president of the Queen's Bench Division of the High Court, and Mr Justice Cresswell ruled the magistrates had gone wrong in law and must continue hearing the prosecution case against Smith. Cutting someone's hair or shaving someone's beard is not respectful of a person's values, culture, religion, or their autonomy. Apr 9, 2016. This also includes contact with the victim's clothing, a rule dating back to 1845 in R v Day. Assault is threatening to commit battery (chasing someone with a pair of scissors). The ordinary meaning of bodily harm included "any hurt or injury calculated to interfere with the health or comfort of the victim", so long as it was not trivial or insignificant. To cut a man's hair, start by trimming the sides and back with clippers while their hair is dry. 0 The Criminal Code defines simple assault in three ways: (1) An assault can occur if a person intentionally applies force, either directly or indirectly, to another person without their consent. How do you explain the principal’s reaction to MacFarlane’s attempt to stop the matron from beating the student? I was nine years old when I started there. Other Dangerous Weapon 4. Many in the schools’ administrations believed that the students’ independent spirit had to be broken in order for them to accept a new way of life. He had a reputation for being mean. § § 30-3-1, 30-3-2, 30-3-3.) The client, obviously mad about being cut and then the horrible cut, called the police and the hairdresser was charged. A staff member in 1961 and 1962, Marian MacFarlane, was fired for attempting to rescue a young child from a severe beating. You know what Andrews did? Can you go to jail for cutting someone’s hair? Lv 7. Canada ‘Assault’ on residential school students' identities began the moment they stepped inside . ‘I couldn’t let the matron go because she plays the organ on Sundays. At the Alberni School on Vancouver Island, which was in operation from 1892 to 1973 under the United Church, punishments were particularly harsh, and treatment of the children was often brutal. One boy was hauled up in front of all the assembled students by the principal. A person who commits a petty misdemeanor assault or battery in New … We also had to scrub the stairs with a toothbrush.6.
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