From Recognition to Reconciliation: Essays on the Constitutional Entrenchment of Aboriginal and Treaty Rights

Published by University of Toronto Press 2016

From Recognition to Reconciliation

Essays on the Constitutional Entrenchment of Aboriginal and Treaty Rights

Edited by: Patrick Macklem and Douglas Sanderson

https://doi.org/10.3138/9781442624986

Overview
Contents

About this book

In From Recognition to Reconciliation, twenty leading scholars reflect on the continuing transformation of the constitutional relationship between Indigenous peoples and the Canadian state.

Author / Editor information

Macklem Patrick :

Patrick Macklem is the William C. Graham Professor of Law in the Faculty of Law at the University of Toronto.

Sanderson Douglas :

Douglas Sanderson is an associate professor in the Faculty of Law at the University of Toronto.

Reviews

Neil Vallance:

‘This book provides the essential underpinnings for future attempts to convey to Canadians the complexities of their evolving relationship with the first nations.’

S. James Anaya, Regents’ Professor and James J. Lenoir Professor of Human Rights Law and Policy, James E. Rogers College of Law, University of Arizona:

“Professors Macklem and Sanderson present a timely collection of essays that greatly illuminate thinking about the place of Aboriginal peoples in Canada’s social and legal architecture. This book is an important reference for anyone interested in how a modern democracy might come to terms with the present-day legacies of its colonial past.”

Michael Ignatieff, former leader of the Liberal Party of Canada and Edward R. Murrow Professor of the Practice of Politics, the Press, and Public Policy, John F. Kennedy School of Government, Harvard University:

“Finding a way to live together is not about tinkering with this or that Aboriginal policy or about expanding this or that feature of constitutional law. It’s an opportunity to reimagine our common future as a people ... The issues at stake in section 35 therefore go beyond any purely intellectual exercise. They challenge our definition of what it is to be Canadian; they are absolutely central to the economic and political future of our country.”

Topics

Frontmatter Publicly Available Download PDF	i
Contents Publicly Available Download PDF	v
Acknowledgments Requires Authentication Unlicensed Licensed Download PDF	ix
From Recognition To Reconciliation Essays On The Constitutional Entrenchment Of Aboriginal And Treaty Rights Requires Authentication Unlicensed Licensed Download PDF	xi
Introduction: Recognition And Reconciliation In Indigenous-Settler Societies Patrick Macklem and Douglas Sanderson Requires Authentication Unlicensed Licensed Download PDF	1
Part One Reconciling Sovereignties
1.Indigenous Peoples And The Ethos Of Legal Pluralism In Canada Patrick Macklem Requires Authentication Unlicensed Licensed Download PDF	17
2 .“Looking For A Knot In The Bulrush”: Reflections On Law, Sovereignty, And Aboriginal Rights Mark D. Walters Requires Authentication Unlicensed Licensed Download PDF	35
3. We Are Still In The Age Of Encounter: Section 35 And A Canada Beyond Sovereignty Jeremy Webber Requires Authentication Unlicensed Licensed Download PDF	63
4 .The Generative Structure Of Aboriginal Rights Brian Slattery Requires Authentication Unlicensed Licensed Download PDF	100
Part Two Contesting Methodologies
5 .A Common Law Biography Of Section 35 P.G. Mchugh Requires Authentication Unlicensed Licensed Download PDF	137
6. Indigenous Knowledge And The Reconciliation Of Section 35(1) Dale Turner Requires Authentication Unlicensed Licensed Download PDF	164
7. Military Historiography, Warriors, And Soldiers: The Normative Impact Of Epistemological Choices Jean Leclair Requires Authentication Unlicensed Licensed Download PDF	179
Part Three Constitutional Consultations
8. Consultation And Economic Reconciliation Dwight Newman Requires Authentication Unlicensed Licensed Download PDF	207
9. The State Of The Crown–Aboriginal Fiduciary Relationship: The Case For An Aboriginal Veto Michael J. Bryant Requires Authentication Unlicensed Licensed Download PDF	223
10. Administering Consultation At The National Energy Board: Evaluating Tribunal Authority Sari Graben and Abbey Sinclair Requires Authentication Unlicensed Licensed Download PDF	237
Part Four Recognition And Reconciliation In Action
11. Non-Status Indigenous Groups In Canadian Courts: Practical And Legal Difficulties In Seeking Recognition Sébastien Grammond, Isabelle Lantagne and Natacha Gagné Requires Authentication Unlicensed Licensed Download PDF	259
12. Liberal And Tribal Membership Boundaries: Descent, Consent, And Section 35 Kirsty Gover Requires Authentication Unlicensed Licensed Download PDF	285
13. Overlapping Consensus, Legislative Reform, And The Indian Act Douglas Sanderson Requires Authentication Unlicensed Licensed Download PDF	320
14. Walls And Bridges: Competing Agendas In Transitional Justice Courtney Jung Requires Authentication Unlicensed Licensed Download PDF	357
15. From Recognition To Reconciliation: Nunavut And Self-Reliance – An Arctic Entity In Transition Natalia Loukacheva Requires Authentication Unlicensed Licensed Download PDF	389
Part Five Comparative Reflections
16. Constitutional Indigenous Treaty Jurisprudence In Aotearoa, New Zealand Jacinta Ruru Requires Authentication Unlicensed Licensed Download PDF	415
17. Constitutional Reform In Australia: Recognizing Indigenous Australians In The Absence Of A Reconciliation Process Megan Davis and Marcia Langton Requires Authentication Unlicensed Licensed Download PDF	449
18. Legislation And Indigenous Self-Determination In Canada And The United States John Borrows Requires Authentication Unlicensed Licensed Download PDF	474
Afterword: The Indigenous International And A Jurisprudence Of Jurisdictions Michael Ignatieff Requires Authentication Unlicensed Licensed Download PDF	506
Contributors Requires Authentication Unlicensed Licensed Download PDF	513

Language: English
Publisher: University of Toronto Press
Audience: College/higher education;Professional and scholarly;
Pages
- Main content: 536

eBook

Published: October 8, 2018
ISBN: 9781442624986