In 1973 the Supreme Court of Canada issued a landmark decision in the Calder case, confirming that Aboriginal title constituted a right within Canadian law. Let Right Be Done examines the doctrine of Aboriginal title thirty years later and puts the Calder case in its legal, historical, and political context, both nationally and internationally. With its innovative blend of scholarly analysis and input from many of those intimately involved in the case, this book should be essential reading for anyone interested in Aboriginal law, treaty negotiations, and the history of the "BC Indian land question."
Indigenous traditions can be uplifting, positive, and liberating forces when they are connected to living systems of thought and practice. Problems arise when they are treated as timeless models of unchanging truth that require unwavering deference and unquestioning obedience. Freedom and Indigenous Constitutionalism celebrates the emancipatory potential of Indigenous traditions, considers their value as the basis for good laws and good lives, and critiques the failure of Canadian constitutional traditions to recognize their significance."--
"Demonstrating how Canada's constitutional structures marginalize Indigenous peoples' ability to exercise power in the real world, John Borrows uses Ojibwe law, stories, and principles to suggest alternative ways in which Indigenous peoples can work to enhance freedom. Among the stimulating issues he approaches are the democratic potential of civil disobedience, the hazards of applying originalism rather than living tree jurisprudence in the interpretation of Aboriginal and treaty rights, American legislative actions that could also animate Indigenous self-determination in Canada, and the opportunity for Indigenous governmental action to address violence against women.
At a time when the Métis are becoming increasingly visible in Canadian politics, this unique book offers a practical guide for understanding who they are and the challenges they face on the path to self-government. It shows how the Métis are giving life to Louis Riel's vision of a self-governing Métis Nation through the ongoing application of principles of governance that emerged during the fur trade. Drawing on the Métis language - Michif - Kelly Saunders and Janique Dubois demonstrate how the Métis have adapted their governance structures within the Canadian state context to meet the everyday needs of Métis citizens.
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 forIndigenous 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 patriarchalstructures 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 absenceof 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, Indigenouspolitical 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 consideringfuture visions of Indigenous self-determination, such as rematriation of Indigenous governance and an independent statehood.
In 1999 the Nisga'a First Nation in northwestern British Columbia signed a landmark agreement which not only settled their land claim but outlined significant powers that could be exercised by its government. The Nisga'a Final Agreement granted powers over land, resources, education, and cultural policy to the Nisga'a government, a major departure from previous land claims agreements. However, it was not without opposition and Scott also outlines the opposition, including two court challenges, mounted against the agreement. This book concisely examines the major terms of the agreement then deeply analyzes the impact the agreement has on federal/provincial/First Nations relations.
Between Indigenous and Settler Governance addresses the history, current development and future of Indigenous self-governance in four settler-colonial nations: Australia, Canada, New Zealand and the United States. Bringing together emerging scholars and leaders in the field of indigenous law and legal history, this collection offers a long-term view of the legal, political and administrative relationships between Indigenous collectivities and nation-states. Placing historical contingency and complexity at the center of analysis, the papers collected here examine in detail the process by which settler states both dissolved indigenous jurisdictions and left spaces - often unwittingly - for indigenous survival and corporate recovery. They emphasise the promise and the limits of modern opportunities for indigenous self-governance; whilst showing how all the players in modern settler colonialism build on a shared and multifaceted past. Indigenous tradition is not the only source of the principles and practices of indigenous self-determination; the essays in this book explore some ways that the legal, philosophical and economic structures of settler colonial liberalism have shaped opportunities for indigenous autonomy. Between Indigenous and Settler Governance will interest all those concerned with Indigenous peoples in settler-colonial nations.
Indigenous Peoples in Canada are continuing to assert their right to self-determination in this era of reconciliation. While dozens of Indigenous communities have signed varying forms of self-government agreements with the federal government, Indigenous Nations still face many obstacles along the path to true self-determination. As a former Chief of Siksika Nation in southern Alberta, Leroy Wolf Collar dealt with many of the same problems other Indigenous Nations face across the country. From serious housing shortages to the lack of opportunities for youth, Chief Wolf Collar experienced the challenges and frustrations that come from operating in a colonial system still constrained by the Indian Act. How do Indigenous Peoples move on from this defective system? Chief Wolf Collar identifies 17 issues that currently hinder Indigenous Nations—including broken treaty promises, problems with common forms of band administration, and the intrusion of provincial governments—along with potential solutions to overcome them. This guide is for current and aspiring Indigenous leaders who want to increase their understanding of good governance, management, and leadership, as well as those who want to explore issues around Indigenous self-determination in Canada.
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.