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From Recognition to Reconciliation
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.
Indigenous Peoples and the Future of Federalism
As a settler state, Canada’s claims to sovereign control over territory are contested by Indigenous claims to land and to self-determination. Indigenous Peoples and the Future of Federalism presents legal analyses that explore forms of federalism and their potential to include multiple and divided sovereignties. This collection aims to advance reconciliation with Indigenous peoples in Canada and elsewhere by developing jurisprudence on the possibilities for a nation-to-nation relationship between Indigenous nations and Crown sovereignty. Contributors use legal creativity to explore how federalism can be structured to include the constitutional jurisdiction of Indigenous nations. Several ch...
The Right Relationship
In The Right Relationship, John Borrows and Michael Coyle bring together a group of renowned scholars, both indigenous and non-indigenous, to cast light on the magnitude of the challenges Canadians face in seeking a consensus on the nature of treaty partnership in the twenty-first century.
Land Is Kin
Responding to Vine Deloria, Jr.’s call for all people to “become involved” in the struggle to protect Indigenous sacred sites, Dana Lloyd’s Land Is Kin proposes a rethinking of sacred sites, and a rethinking of even land itself. Deloria suggested using the principle of religious freedom, but this principle has failed Indigenous peoples for decades. Lloyd argues that religious freedom fails Indigenous claimants because settler law creates a tension between two competing rights—one party’s religious freedom and another party’s property rights. In this contest, the right of property will always win. Through an analysis of the 1988 US Supreme Court case Lyng v. Northwest Indian Cem...
Decolonizing Freedom
Freedom is celebrated as the definitive ideal of modern western civilization. Yet in western thought and practice, freedom has been defined through opposition to the unfreedom of most of the world's people. Allison Weir draws on Indigenous political theories and practices of decolonization in dialogue with western theories, to reconstruct a tradition of relational freedom as a distinctive political conception of freedom: a radically democratic mode of engagement and participation in social and political relations with an infinite range of strange and diverse beings perceived as free agents in interdependent relations in a shared world.
UN Peacebuilding Architecture
Since its establishment, the UN's Peacebuilding Architecture (PBA) has been involved in peacebuilding processes in more than 20 countries. This edited volume takes stock of the overall impact of the PBA during its first decade in existence, and generates innovative recommendations for how the architecture can be modified and utilized to create more synergy and fusion between the UN's peace and development work. The volume is based on commissioned research and independent evaluations as well as informed opinions of several key decision-makers closely engaged in shaping the UN's peacebuilding agenda. It seeks to find a balance between identifying the reality and constraints of the UN's multila...
Young People and the Diversity of (Non)Religious Identities in International Perspective
This volume brings together current research on young people, (non)religion, and diversity, documenting the forms young people’s stances may take and the social or spatial contexts in which these may be formed. The social contexts studied include the family, school, and faith communities. The spatial contexts include (sub)urban and rural geographies and places of worship and pilgrimage.Youth and (non)religion are an area of academic interest that has been gaining increasing attention, especially as it pertains to youthful expressions of (non)religion and identities. As research on religion and young people spans and expands across academic disciplines and across geographic areas, comparative approaches and perspectives, such as presented in this volume, offer important spaces for reflecting about the experience of religiosity among young people and the ways they are learning about, and developing, (non)religious identities. Building bridges geographically and methodologically, this volume provides an international perspective on religion and nonreligion among young people, offering a diversity of religious and nonreligious perspectives.
Constitutional Crossroads
Four decades have passed since the adoption of the Constitution Act, 1982. Now it is time to assess its legacy. As Constitutional Crossroads makes clear, the 1982 constitutional package raises a host of questions about a number of important issues, including identity and pluralism, the scope and limits of rights, competing constitutional visions, the relationship between the state and Indigenous peoples, and the nature of constitutional change. This collection brings together an impressive assembly of established and rising stars of political science and law, who not only provide a robust account of the 1982 reform but also analyze the ensuing scholarship that has shaped our understanding of the Constitution. Contributors bypass historical description to offer reflective analyses of different aspects of Canada’s constitution as it is understood in the twenty-first century. With a focus on the themes of rights, reconciliation, and constitutional change, Constitutional Crossroads provides profound insights into institutional relationships, public policy, and the state of the fields of law and politics.
Indigenous Intellectual Property
Historically, Indigenous artistic, cultural, and societal expression has been identified and examined within Canadian or international legal regimes. This book identifies Indigenous intellectual property concerns as an Indigenous legal issue to be taken seriously within specific Indigenous legal orders. Indigenous Intellectual Property opens up complex discussions about existing Indigenous intellectual property law, and avoids the tendency to pigeonhole Indigenous intellectual property into a Western legal model. Drawing on diverse case studies, this book considers the existing laws in the Gitxsan, Secwepemc, and Hupacasath (Nuu-chah-nulth) legal orders, as well as from the Solomon Islands a...
Upholding Indigenous Economic Relationships
What is the relationship between economic progress in the land now called Canada and the exploitation of Indigenous peoples? And what gifts embedded within Indigenous world views speak to miyo‐pimâtisiwin ᒥᔪ ᐱᒫᑎᓯᐃᐧᐣ (the good life), and specifically to good economic relations? Upholding Indigenous Economic Relationships draws on the knowledge systems of the nehiyawak ᓀᐦᐃᔭᐊᐧᐠ (Cree people) to make two central arguments. The first is that economic exploitation was the initial and most enduring relationship between newcomers and Indigenous peoples. The second is that Indigenous economic relationships are constitutive: connections to the land, water, and other human and nonhuman beings form us as individuals and as peoples. This groundbreaking study employs previously overlooked Indigenous economic theories and relationships, and provides contemporary examples of nehiyawak renewing these relationships in resurgent ways. In the process, Upholding Indigenous Economic Relationships offers tools that enable us to reimagine how we can aspire to the good life with all our relations.
