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Indigenous Peoples and the Future of Federalism
Amy Swiffen (Edited by), Joshua Nichols (Edited by)
9781487552091
Hardback, published 1 February 2024
304 pages
23.1 x 16 x 2.5 cm, 0.56 kg
As a settler state, Canada’s claims to sovereign control over territory are contested by Indigenous claims to land and to self-determination. Indigenous Peoples and the Future of Federalism presents legal analyses that explore forms of federalism and their potential to include multiple and divided sovereignties. This collection aims to advance reconciliation with Indigenous peoples in Canada and elsewhere by developing jurisprudence on the possibilities for a nation-to-nation relationship between Indigenous nations and Crown sovereignty. Contributors use legal creativity to explore how federalism can be structured to include the constitutional jurisdiction of Indigenous nations. Several chapters are grounded in the Canadian context while others connect the issues to international law and other settler colonial jurisdictions, recognizing how Indigenous resistance to settler laws and government decisions can at the same time be the enactment of Indigenous legalities and constitutional cultures. Ultimately, Indigenous Peoples and the Future of Federalism offers innovative ways for Canada to move forward from this challenge using existing constitutional mechanisms to give life to a plurinational Canadian federalism inclusive of the jurisdiction of Indigenous peoples.
Foreword by James Sa’ke’j Youngblood Henderson Introduction: Indigenous Peoples in Federal Contexts Section 1: Futures of Canadian Federalism 1. Creating Inclusive Canadian Federalism 2. Consent and the Resolution of Political Relations between Indigenous Peoples and the Canadian State 3. Struggles against Domestication: The United Nations Declaration on the Rights of Indigenous Peoples and Constitutional Pluralism Section 2: Decolonizing Constitutionalism 4. Politicizing Indigenous Self-Determination: The UNDRIP and Legal and Political Constitutionalism 5. A Theory of Decolonial Constitutionalism: Insights from Latin America 6. UNDRIP, the Treaty of Waitangi, and the Developing Constitution of Aotearoa New Zealand Section 3: Pluri-national Federalism 7. Treaty Federalism, the Canadian Charter of Rights and Freedoms, and Section 25 as a Bridge across Legal Cultures 8. Room to Manoeuvre: The Legal Imagination of Sovereignty in M’Intosh, Worcester, and Caron 9. "To Invite New Worlds": Indigenous Constitutionalism and the Search for a Jurisgenerative Federalism in Canada Conclusion: The Futures of Federalism
Amy Swiffen with Shoshana Paget
James Sa’ke’j Youngblood Henderson
Michael Asch
Gordon Christie
Yann Allard Tremblay
Roger Merino
Carwyn Jones
Amy Swiffen
Ryan Beaton
Robert Hamilton
Joshua Nichols