University of Toronto Press
Canadian Law and Indigenous Self‐Determination
About this book
Canadian Law and Indigenous Self-Determination demonstrates how, over the last few decades, Canadian law has attempted to remove Indigenous sovereignty from the Canadian legal, social, and political landscape.
Author / Editor information
Gordon Christie is Professor in the Peter A. Allard School of Law at the University of British Columbia.
Reviews
"Thought-provoking and robust, Canadian Law and Indigenous Self-Determination is likely to be a flag-ship in theorizing on indigenous-state relations. Gordon Christie situates himself squarely within the debates he describes and critiques, something that few legal theorists attempt. This book is remarkable in its originality and in my view a triumph."
James Tully, Emeritus Distinguished Professor of Political Science, Law and Philosophy, University of Victoria:
"Clearly and carefully argued, Canadian Law and Indigenous Self-Determination is an original, analytically incisive, and important contribution to our understanding of the development of Aboriginal rights by the courts since 1982."
Topics
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Frontmatter
i -
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Contents
v -
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CANADIAN LAW AND INDIGENOUS SELF-DETERMINATION
1 -
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Introduction: A Journey in Making Sense
3 -
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1. Setting the Stage
40 -
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2. Canadian Law and Its Puzzles
73 -
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3. Differing Understandings and the Way Forward
130 -
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4. Remarks on Theorizing and Method
181 -
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5. Problems with Theorizing about the Law
214 -
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6. Liberal Positivism and Aboriginal Rights
258 -
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7. Characterizing and Defining “Existing” Aboriginal Rights
302 -
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8. The Place of Aboriginal Rights in Canada
342 -
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9. Postcolonial Theory and Aboriginal Law
384 -
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Conclusion
403 -
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Bibliography
413 -
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Index
431