University of Toronto Press
Indigenous Peoples and the Future of Federalism
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Edited by:
About this book
This collection highlights the urgency of reimagining federalism and the potential for federalism to support Indigenous sovereignty and self-determination, leading to a truly democratic Canada.
Author / Editor information
Amy Swiffen is an associate professor in the Department of Sociology and Anthropology at Concordia University.
Nichols Joshua :
Joshua Nichols is an assistant professor in the Faculty of Law at McGill University.
Reviews
"This is a fascinating collection that takes apart the assumptions that have led to the marginalization of Indigenous peoples’ voices in the Canadian federal project. It includes a range of constructive and thoughtful reflections on how we might move forward as a nation that includes Indigenous peoples as vibrant partners in shaping our collective futures. The chapters do much more than offer a critique of Canada's current relationship with Indigenous peoples. They offer sophisticated ideas about how Canada’s institutions might be transformed to set us on a path toward a respectful and dynamic co-existence with the original peoples of this land.”
Mark Walters, Professor of Law, Queen’s University :
“The essays collected in Indigenous Peoples and the Future of Federalism offer important insights into current debates about Indigenous peoples and their rights in Canada and other countries.”
Kirsty Gover, ARC Future Fellow, University of Melbourne:
“Indigenous Peoples and the Future of Federalism addresses the legal fictions that sustain state sovereignty in opposition to Indigenous sovereignty on the territories now called Canada. By prioritizing Indigenous viewpoints on this constitutional flaw, the collection makes an important and timely contribution.”
Topics
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Frontmatter
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Contents
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Foreword
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Introduction: Indigenous Peoples in Federal Contexts
1 - PART ONE Futures of Canadian Federalism
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1 Creating Inclusive Canadian Federalism
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2 Consent and the Resolution of Political Relations between Indigenous Peoples and the Canadian State
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3 Struggles against Domestication: The United Nations Declaration on the Rights of Indigenous Peoples and Constitutional Pluralism
61 - PART TWO Decolonizing Constitutionalism
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4 Politicizing Indigenous Self-Determination: The UNDRIP and Legal and Political Constitutionalism
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5 A Theory of Decolonial Constitutionalism: Insights from Latin America
117 -
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6 The UNDRIP, the Treaty of Waitangi, and the Developing Constitution of Aotearoa New Zealand
142 - PART THREE Plurinational Federalism
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7 Treaty Federalism, the Canadian Charter of Rights and Freedoms, and Section 25 as a Bridge across Legal Cultures
167 -
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8 Positivism and Pluralism: The Legal Imagination of Sovereignty in Indigenous–State Relations
200 -
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9 “To Invite New Worlds”: Indigenous Constitutionalism and the Search for a Jurisgenerative Federalism in Canada
249 -
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Conclusion: The Futures of Federalism
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