The right relationship : reimagining the implementation of historical treaties / edited by John Borrows and Michael Coyle.
2017
E92 .R54 2017 (Map It)
Available at Cellar
Formats
Format | |
---|---|
BibTeX | |
MARCXML | |
TextMARC | |
MARC | |
DublinCore | |
EndNote | |
NLM | |
RefWorks | |
RIS |
Items
Details
Title
The right relationship : reimagining the implementation of historical treaties / edited by John Borrows and Michael Coyle.
Published
Toronto ; Buffalo ; London : University of Toronto Press, [2017]
Copyright
©2017
Call Number
E92 .R54 2017
ISBN
9781442630208 (cloth)
1442630205 (cloth)
9781442630215 (paper)
1442630213 (paper)
1442630205 (cloth)
9781442630215 (paper)
1442630213 (paper)
Description
vii, 428 pages ; 24 cm
System Control No.
(OCoLC)957747147
Summary
"The relationship between Canada's Indigenous peoples and the Canadian government is one that has increasingly come to the fore. Numerous tragic incidents and a legacy of historical negligence combined with more vehement calls for action is forcing a reconsideration of the relationship between the federal government and Indigenous nations. 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. The diverse perspectives offered in this volume examine how Indigenous people's own legal and policy frameworks can be used to develop healthier attitudes between First Peoples and settler governments in Canada. While considering the existing law of Aboriginal and treaty rights, the contributors imagine what these relationships might look like if those involved pursued our highest aspirations as Canadians and Indigenous peoples. This timely and authoritative volume provides answers that will help pave the way toward good governance for all."-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references and index.
Record Appears in
Table of Contents
Acknowledgments
ix
Introduction / John Borrows
3
pt. I
Treaty Remedies -- How Should History Shape the Law?
1.
Canada's Colonial Constitution / John Borrows
17
2.
As Long as the Sun Shines: Recognizing That Treaties Were Intended to Last / Michael Coyle
39
3.
Indigenous Rights Litigation, Legal History, and the Role of Experts / Kent Mcneil
70
4.
Bargains Made in Bad Times: How Principles from Modern Treaties Can Reinvigorate Historic Treaties / Julie Jai
105
5.
Who Calls the Shots? Balancing Individual and Collective Interests in the Assertion of Aboriginal and Treaty Harvesting Rights / Francesca Allodi-Ross
149
6.
Negotiating Self-Government Over & Over & Over Again: Interpreting Contemporary Treaties / Matthew Mehaffey
164
pt. II
Role of Indigenous Legal Orders: Treaty Rights or Right Relationships?
7.
Rights and Remedies within Common Law and Indigenous Legal Traditions: Can the Covenant Chain Be Judicially Enforced Today? / Mark D. Walters
187
8.
What Is a Treaty? On Contract and Mutual Aid / Aaron Mills
208
9.
Changing the Treaty Question: Remedying the Right(s) Relationship / Heidi Kiiwetinepinesiik Stark
248
10.
(Re)Defining "Good Faith" through Snuw'uyulh / Sarah Morales
277
pt. III
"Fitting the Forum to the Fuss" -- Re-examining the Forums in which Treaty Disputes Are Addressed
11.
Treaty in Another Context: Creating Reimagined Treaty Relationships in Aotearoa New Zealand / Jacinta Ruru
305
12.
Nanabush, Lon Fuller, and Historical Treaties: The Potentialities and Limits of Adjudication / Jean Leclair
325
13.
Treaties and the Emancipatory Potential of International Law / Sara L. Seck
344
14.
Consult, Consent, and Veto: International Norms and Canadian Treaties / Shin Imai
370
Contributors
409
Index
417