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

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Patrick Macklem (editor); Douglas Sanderson (editor)

Douglas Sanderson; Patrick Macklem

J. Laurence Black

University of Toronto Press, Toronto, 2016

Canada - English Language, Canada

Toronto [Ontario, 2016

Toronto [Ontario, 2015

1, 20160229

2018

degruyter.com

producers:
iTextSharp 5.0.6 (c) 1T3XT BVBA

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Contents 5
Acknowledgments 9
From Recognition To Reconciliation Essays On The Constitutional Entrenchment Of Aboriginal And Treaty Rights 11
Introduction: Recognition And Reconciliation In Indigenous-Settler Societies 13
Part One Reconciling Sovereignties 29
1.Indigenous Peoples And The Ethos Of Legal Pluralism In Canada 29
2 .“Looking For A Knot In The Bulrush”: Reflections On Law, Sovereignty, And Aboriginal Rights 47
3. We Are Still In The Age Of Encounter: Section 35 And A Canada Beyond Sovereignty 75
4 .The Generative Structure Of Aboriginal Rights 112
Part Two Contesting Methodologies 149
5 .A Common Law Biography Of Section 35 149
6. Indigenous Knowledge And The Reconciliation Of Section 35(1) 176
7. Military Historiography, Warriors, And Soldiers: The Normative Impact Of Epistemological Choices 191
Part Three Constitutional Consultations 219
8. Consultation And Economic Reconciliation 219
9. The State Of The Crown–Aboriginal Fiduciary Relationship: The Case For An Aboriginal Veto 235
10. Administering Consultation At The National Energy Board: Evaluating Tribunal Authority 249
Part Four Recognition And Reconciliation In Action 271
11. Non-Status Indigenous Groups In Canadian Courts: Practical And Legal Difficulties In Seeking Recognition 271
12. Liberal And Tribal Membership Boundaries: Descent, Consent, And Section 35 297
13. Overlapping Consensus, Legislative Reform, And The Indian Act 332
14. Walls And Bridges: Competing Agendas In Transitional Justice 369
15. From Recognition To Reconciliation: Nunavut And Self-Reliance – An Arctic Entity In Transition 401
Part Five Comparative Reflections 427
16. Constitutional Indigenous Treaty Jurisprudence In Aotearoa, New Zealand 427
17. Constitutional Reform In Australia: Recognizing Indigenous Australians In The Absence Of A Reconciliation Process 461
18. Legislation And Indigenous Self-Determination In Canada And The United States 486
Afterword: The Indigenous International And A Jurisprudence Of Jurisdictions 518
Contributors 525

<p>More than thirty years ago, section 35 of the Constitution Act recognized and affirmed &ldquo;the existing aboriginal and treaty rights of the aboriginal peoples of Canada.&rdquo; 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.</p><p>In <em>From Recognition to Reconciliation</em>, 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.</p>

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

"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."--

2023-08-23