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From recognition to reconciliation : essays on the constitutional entrenchment of Aboriginal and treaty rights
- Available as
- Online
- Physical
- Summary
-
"More than thirty years ago, section 35 of the Constitution Act recognized and affirmed 'the existing aboriginal and treaty rights of the aboriginal peoples of Canada.' Hailed at the time as a wate...
"More than thirty years ago, section 35 of the Constitution Act recognized and affirmed 'the existing aboriginal and treaty rights of the aboriginal peoples of Canada.' Hailed at the time as a watershed moment in the legal and political relationship between Indigenous peoples and settler societies in Canada, the constitutional entrenchment of Aboriginal and treaty rights has proven to be only the beginning of the long and complicated process of giving meaning to that constitutional recognition. [In this book, scholars] reflect on the continuing transformation of the constitutional relationship between Indigenous peoples and the Canadian state. The book features essays on themes such as the role of sovereignty in constitutional jurisprudence, the diversity of methodologies at play in these legal and political questions, and connections between the Canadian constitutional experience and developments elsewhere in the world."--
Details
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- Creator
- edited by Patrick Macklem and Douglas Sanderson
- Format
- Books
- Language
- English
- Publication
-
- Toronto ; Buffalo ; London : University of Toronto Press, [2016]
- ©2016
- Physical Details
-
- vii, 522 pages ; 24 cm
- ISBNs
- 1442628855, 9781442624986, 1442624981, 9781442628854, 9781442637290, 1442637293
- OCLC
- ocn907661870, ocn944187271
- Includes bibliographical references.
- Introduction: Recognition and reconciliation in indigenous-settler societies / Patrick Macklem and Douglas Sanderson -- Indigenous peoples and the ethos of legal pluralism in Canada / Patrick Macklem -- "Looking for a knot in the bulrush" : reflections on law, sovereignty and Aboriginal rights / Mark D. Walters -- We Are still in the age of encounter : Section 35 and a Canada beyond sovereignty / Jeremy Webber -- The generative structure of Aboriginal rights / Brian Slattery -- A common law biography of Section 35 / P.G. McHugh -- Indigenous knowledge and the reconciliation of Section 35(1) / Dale Turner -- Military historiography, warriors and soldiers : the normative impact of epistemological choices / Jean Leclair -- Consultation and economic reconciliation / Dwight Newman -- The state of the Crown-Aboriginal fiduciary relationship : the case for an Aboriginal veto / Michael J. Bryant -- Administering consultation at the National Energy Board : evaluating tribunal authority / Sari Graben and Abbey Sinclair -- Non-status indigenous groups in Canadian courts : practical and legal difficulties in seeking recognition / Sébastien Grammond, Isabelle Lantagne, & Natacha Gagné -- Liberal and tribal membership boundaries : descent, consent and Section 35 / Kirsty Gover -- Overlapping consensus, legislative reform and the Indian Act / Douglas Sanderson -- Walls and bridges : competing agendas in transitional justice / Courtney Jung -- From recognition to reconciliation : Nunavut and self-reliance -- an Arctic entity in transition / Natalia Loukacheva -- Constitutional indigenous treaty jurisprudence in Aotearoa, New Zealand / Jacinta Ruru -- Constitutional reform in Australia : recognizing indigenous Australians in the absence of a reconciliation process / Megan Davis, Marcia Langton -- Legislation and indigenous self-determination in Canada and the United States / John Borrows -- The indigenous international and a jurisprudence of jurisdictions / Michael Ignatieff