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Canada's Indigenous Constitution
John Borrows (Author)
9781442610385
Paperback / softback, published 6 March 2010
416 pages
22.9 x 15.3 x 2.7 cm, 0.66 kg
‘This work is an important piece in a broader inter-societal dialogue whereby diverse but connected peoples can resolve disputes and organize affairs in ways that best reflect fundamental principles of justice and equality.’ - Trevor Shishkin (Saskatchewan Law Review; vol 75:2012)
Canada's Indigenous Constitution reflects on the nature and sources of law in Canada, beginning with the conviction that the Canadian legal system has helped to engender the high level of wealth and security enjoyed by people across the country. However, longstanding disputes about the origins, legitimacy, and applicability of certain aspects of the legal system have led John Borrows to argue that Canada's constitution is incomplete without a broader acceptance of Indigenous legal traditions. With characteristic richness and eloquence, John Borrows explores legal traditions, the role of governments and courts, and the prospect of a multi-juridical legal culture, all with a view to understanding and improving legal processes in Canada. He discusses the place of individuals, families, and communities in recovering and extending the role of Indigenous law within both Indigenous communities and Canadian society more broadly. This is a major work by one of Canada's leading legal scholars, and an essential companion to Drawing Out Law: A Spirit's Guide.