Terms of Coexistence


Book Description

"This book contains an in-depth discussion of the aboriginal and treaty rights recognized and affirmed by section 35 of the Constitution Act, 1982, the provisions of the Indian Act regarding reserves and band councils, recent self-government regimes, the recognition of indigenous legal traditions, division of powers, taxation as well as the application of the child welfare and criminal justice systems. It also covers recent developments, such as the duty to consult and accommodate or the adoption of the United Nations Declaration on the Rights of the Indigenous Peoples."--pub. desc.




Wise Practices


Book Description

Indigenous peoples in Canada are striving for greater economic prosperity and political self-determination. Investigating specific legal, economic, and political practices, and including research from interviews with Indigenous political and business leaders, this collection seeks to provide insights grounded in lived experience. Covering such critical topics as economic justice and self-determination, and the barriers faced in pursuing each, Wise Practices sets out to understand the issues not in terms of sweeping empirical findings but through particular experiences of individuals and communities. The choice to focus on specific practices of law and governance is a conscious rejection of idealized theorizing about law and governance and represents an important step beyond the existing scholarship. This volume offers readers a broad scope of perspectives, incorporating contemporary thought on Indigenous law and legal orders, the impact of state law on Indigenous peoples, theories and practices of economic development, and grounded practices of governances. While the authors address a range of topics, each does so in a way that sheds light on how Indigenous practices of law and governance support the social and economic development of Indigenous peoples.




Reclaiming Indigenous Governance


Book Description

Reclaiming Indigenous Governance examines the efforts of Indigenous peoples in four important countries to reclaim their right to self-govern. Showcasing Native nations, this timely book presents diverse perspectives of both practitioners and researchers involved in Indigenous governance in Canada, Australia, New Zealand, and the United States (the CANZUS states). Indigenous governance is dynamic, an ongoing relationship between Indigenous peoples and settler-states. The relationship may be vigorously contested, but it is often fragile—one that ebbs and flows, where hard-won gains can be swiftly lost by the policy reversals of central governments. The legacy of colonial relationships continues to limit advances in self-government. Yet Indigenous peoples in the CANZUS countries are no strangers to setbacks, and their growing movement provides ample evidence of resilience, resourcefulness, and determination to take back control of their own destiny. Demonstrating the struggles and achievements of Indigenous peoples, the chapter authors draw on the wisdom of Indigenous leaders and others involved in rebuilding institutions for governance, strategic issues, and managing lands and resources. This volume brings together the experiences, reflections, and insights of practitioners confronting the challenges of governing, as well as researchers seeking to learn what Indigenous governing involves in these contexts. Three things emerge: the enormity of the Indigenous governance task, the creative agency of Indigenous peoples determined to pursue their own objectives, and the diverse paths they choose to reach their goal.




Canadian Law and Indigenous Self?Determination


Book Description

Canadian Law and Indigenous Self-Determination demonstrates how, over the last few decades, Canadian law has attempted to remove Indigenous sovereignty from the Canadian legal, social, and political landscape.




Aboriginal Law Handbook


Book Description




Law's Indigenous Ethics


Book Description

Law’s Indigenous Ethics examines the revitalization of Indigenous peoples’ relationship to their own laws and, in so doing, attempts to enrich Canadian constitutional law more generally. Organized around the seven Anishinaabe grandmother and grandfather teachings of love, truth, bravery, humility, wisdom, honesty, and respect, this book explores ethics in relation to Aboriginal issues including title, treaties, legal education, and residential schools. With characteristic depth and sensitivity, John Borrows brings insights drawn from philosophy, law, and political science to bear on some of the most pressing issues that arise in contemplating the interaction between Canadian state law and Indigenous legal traditions. In the course of a wide-ranging but accessible inquiry, he discusses such topics as Indigenous agency, self-determination, legal pluralism, and power. In its use of Anishinaabe stories and methodologies drawn from the emerging field of Indigenous studies, Law’s Indigenous Ethics makes a significant contribution to scholarly debate and is an essential resource for readers seeking a deeper understanding of Indigenous rights, societies, and cultures.




On Being Here to Stay


Book Description

What, other than numbers and power, justifies Canada’s assertion of sovereignty and jurisdiction over the country’s vast territory? Why should Canada’s original inhabitants have to ask for rights to what was their land when non-Aboriginal people first arrived? The question lurks behind every court judgment on Indigenous rights, every demand that treaty obligations be fulfilled, and every land-claims negotiation. Addressing these questions has occupied anthropologist Michael Asch for nearly thirty years. In On Being Here to Stay, Asch retells the story of Canada with a focus on the relationship between First Nations and settlers. Asch proposes a way forward based on respecting the “spirit and intent” of treaties negotiated at the time of Confederation, through which, he argues, First Nations and settlers can establish an ethical way for both communities to be here to stay.




Restructuring Relations


Book Description

Adopted in 2007, the UN Declaration on the Rights of Indigenous Peoples establishes self-determination--including free, prior, and informed consent--as a foundational right and principle. Self-determination, both individual and collective, is among the most important and pressing issues for Indigenous women worldwide. Yet Indigenous women's interests have been overlooked in the formulation of Indigenous self-government, and existing studies of Indigenous self-government largely ignore issues of gender. As such, the current literature on Indigenous governance conceals patriarchal structures and power that create barriers for women to resources and participation in Indigenous societies. Drawing on Indigenous and feminist political and legal theory--as well as extensive participant interviews in Canada, Greenland, and Scandinavia-- this book argues that the current rights discourse and focus on Indigenous-state relations is too limited in scope to convey the full meaning of "self-determination" for Indigenous peoples. The book conceptualizes self-determination as a foundational value informed by the norm of integrity and suggests that Indigenous self-determination cannot be achieved without restructuring all relations of domination nor can it be secured in the absence of gender justice. As a foundational value, self-determination seeks to restructure all relations of domination, not only hegemonic relations with the state. Importantly, it challenges the opposition between "self-determination" and "gender" created and maintained by international law, Indigenous political discourse, and Indigenous institutions. Restructuring relations of domination further entails examining the gender regimes present in existing Indigenous self-government institutions, interrogating the relationship between Indigenous self-determination and gender violence, and considering future visions of Indigenous self-determination, such as rematriation of Indigenous governance and an independent statehood.




Indigenous Legal Traditions


Book Description

The essays in this book present important perspectives on the role of Indigenous legal traditions in reclaiming and preserving the autonomy of Aboriginal communities and in reconciling the relationship between these communities and Canadian governments. Although Indigenous peoples had their own systems of law based on their social, political, and spiritual traditions, under colonialism their legal systems have often been ignored or overruled by non-Indigenous laws. Today, however, these legal traditions are being reinvigorated and recognized as vital for the preservation of the political autonomy of Aboriginal nations and the development of healthy communities.




Indigenous Peoples and the Law


Book Description

Indigenous Peoples and the Law provides an historical, comparative and contextual analysis of various legal and policy issues affecting Indigenous peoples. It focuses on the common law jurisdictions of Australia, Canada, New Zealand and the United States, as well as relevant international law developments. Edited by Benjamin J Richardson, Shin Imai, and Kent McNeil, this collection of new essays features 13 contributors including many Indigenous scholars, drawn from around the world. The book provides a pithy overview of the subject-matter, enabling readers to appreciate the seminal issues, precedents and international legal trends of most concern to Indigenous peoples. The first half of Indigenous Peoples and the Law takes an historical perspective of the principal jurisdictions, canvassing, in particular, themes of Indigenous sovereignty, status and identity, and the movement for Indigenous self-determination. It also examines these issues in an international context, including the Inter-American human rights regime and the 2007 UN Declaration on the Rights of Indigenous Peoples. The second part of the book canvasses some contemporary issues and claims of Indigenous peoples, including land rights, mobility rights, community self-governance, environmental governance, alternative dispute resolution processes, the legal status of Aboriginal women and the place of Indigenous legal traditions and legal theory. Although an introductory volume designed primarily for readers without advanced understanding of Indigenous legal issues, Indigenous Peoples and the Law should also appeal to seasoned scholars, policy-makers, lawyers and others who are knowledgeable of such issues in their own jurisdiction and wish to learn more about developments in other places.