A Reconciliation without Recollection?

A Reconciliation without Recollection? PDF

Author: Joshua Ben David Nichols

Publisher: University of Toronto Press

Published: 2019-11-20

Total Pages: 407

ISBN-13: 1487514980

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The current framework for reconciliation between Indigenous peoples and the Canadian state is based on the Supreme Court of Canada’s acceptance of the Crown’s assertion of sovereignty, legislative power, and underlying title. The basis of this assertion is a long-standing interpretation of Section 91(24) of Canada’s Constitution, which reads it as a plenary grant of power over Indigenous communities and their lands, leading the courts to simply bypass the question of the inherent right of self-government. In A Reconciliation without Recollection?, Joshua Ben David Nichols argues that if we are to find a meaningful path toward reconciliation, we will need to address the history of sovereignty without assuming its foundations. Exposing the limitations of the current model, Nichols carefully examines the lines of descent and association that underlie the legal conceptualization of the Aboriginal right to govern. Blending legal analysis with insights drawn from political theory and philosophy, A Reconciliation without Recollection? is an ambitious and timely intervention into one of the most pressing concerns in Canada.

Trade and Commerce

Trade and Commerce PDF

Author: Malcolm Lavoie

Publisher: McGill-Queen's Press - MQUP

Published: 2023-02-15

Total Pages: 186

ISBN-13: 0228016487

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In recent decades, the economic framework of Canada’s Constitution has been a subject largely neglected by judges, scholars, and commentators. Trade and Commerce fills this gap by bringing to light a lost understanding of how the Constitution structures economic relations. As Malcolm Lavoie reveals, the Constitution includes foundational commitments to property rights, local government autonomy, and the principle of subsidiarity. At the same time, it creates a platform for integrated national markets with secure channels for interprovincial trade. This economic vision remains a vital part of Canada’s constitutional order and is relevant to a purposive interpretation of the Constitution. But contemporary legal discourse has begun to lose touch with this vision, with regrettable consequences in a number of different policy areas. Exploring the implications of the economic Constitution in the context of contemporary issues – including disputes over interprovincial trade and jurisdictional tensions between federal, provincial, and Indigenous governments with respect to the environment and the economy – Trade and Commerce restores economic ideas to the forefront of constitutional thinking in Canada.

Resurgence and Reconciliation

Resurgence and Reconciliation PDF

Author: Michael Asch

Publisher: University of Toronto Press

Published: 2018-01-01

Total Pages: 380

ISBN-13: 1487523270

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The two major schools of thought in Indigenous-Settler relations on the ground, in the courts, in public policy, and in research are resurgence and reconciliation. Resurgence refers to practices of Indigenous self-determination and cultural renewal whereas reconciliation refers to practices of reconciliation between Indigenous and Settler nations, such as nation-with-nation treaty negotiations. Reconciliation also refers to the sustainable reconciliation of both Indigenous and Settler peoples with the living earth as the grounds for both resurgence and Indigenous-Settler reconciliation. Critically and constructively analyzing these two schools from a wide variety of perspectives and lived experiences, this volume connects both discourses to the ecosystem dynamics that animate the living earth. Resurgence and Reconciliation is multi-disciplinary, blending law, political science, political economy, women's studies, ecology, history, anthropology, sustainability, and climate change. Its dialogic approach strives to put these fields in conversation and draw out the connections and tensions between them. By using "earth-teachings" to inform social practices, the editors and contributors offer a rich, innovative, and holistic way forward in response to the world's most profound natural and social challenges. This timely volume shows how the complexities and interconnections of resurgence and reconciliation and the living earth are often overlooked in contemporary discourse and debate.

The Reconciliation Manifesto

The Reconciliation Manifesto PDF

Author: Arthur Manuel

Publisher: James Lorimer & Company

Published: 2017-10-06

Total Pages: 314

ISBN-13: 1459409663

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In this book, leading Indigenous rights activist Arthur Manuel offers a radical challenge to Canada and Canadians. He questions virtually everything non-Indigenous Canadians believe about their relationship with Indigenous peoples. The Reconciliation Manifesto documents how governments are attempting to reconcile with Indigenous peoples without touching the basic colonial structures that dominate and distort the relationship. Manuel reviews the current state of land claims, tackles the persistence of racism among non-Indigenous people and institutions, decries the role of government-funded organizations like the Assembly of First Nations, and highlights the federal government's disregard for the substance of the United Nations Declaration on the Rights of Indigenous Peoples while claiming to implement it. Together, these circumstances amount to a false reconciliation between Indigenous people and Canada. Manuel sets out the steps that are needed to place this relationship on a healthy and honourable setting. As he explains, recovering the land and rebuilding the economy are key. Completed just months before Manuel's death in January 2017, this book offers an illuminating vision of what is needed for true reconciliation. Expressed with quiet but firm resolve, humour, and piercing intellect, The Reconciliation Manifesto is for both Indigenous and non-Indigenous people who are willing to look at the real problems and find real solutions.

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