"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 From Recognition to Reconciliation, twenty leading 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." -- amazon.com
Record details
ISBN:9781442628854 (softcover)
Physical Description:print vii, 522 pages; 23 cm
Publisher:Toronto :University of Toronto Press,[2016]
Introduction: recognition and reconciliation in Indigenous settler societies - Part One. Reconciling sovereignties - 1. Indigenous Peoples and the Ethos of legal pluralism in Canada - 2. "Looking for a knot in the bulrush": reflections on law, sovereignty, and Aboriginal rights - 3. We are still in the age of encounter: Section 35 and a Canada beyond sovereignty -- Part Two. Contesting methodologies - 5. A common law biography of Section 35 - 6. Indigenous knowledge and reconciliation of Section 35(1) - 7. Military historiography, warriors, and soldiers: the normative impact of epistemological choices -- Part Three: constitutional consultations - 8. Consultation and economic reconciliation - 9. The state of the Crown-Aboriginal fiduciary relationship: the case for an Aboriginal veto - 10. Administering consultation at the National Energy Board: evaluating tribunal authority -- Part Four: recognition and reconciliation in action - 11. Non-status Indigenous groups in Canadian courts: practical and legal difficulties in seeking recognition - 12. Liberal and tribal membership boundaries: desent, consent, and Section 35 - 13. Overlapping consensus, Legislative reform, and the Indian Act - 14. Walls and bridges: competing agendas in transitional justice - 15. From recognition to reconciliation: Nunavut and self-reliance-an Arctic entity in transition -- Part Five: Comparative reflections - 16. Constitutional Indigenous treaty jurisprudence in Aotearoa, New Zealand - 17. Constitutional reform in Australia: recognizing - 18. Legislation and Indigenous self-determination in Canada and the United States -- Afterword: the Indigenous international a jurisprudence of jurisdictions
Book
