Right Relationship: Reimagining The Implementation...

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Item#: 9781442630215
Author Borrows & Coyle (Eds)
Cover Paperback
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The relationship between Canada’s Indigenous peoples and the Canadian government is one that has increasingly come to the fore. Numerous tragic incidents and a legacy of historical negligence combined with more vehement calls for action is forcing a reconsideration of the relationship between the federal government and Indigenous nations.InThe Right Relationship,John Borrows and Michael Coyle
ing together a group of renowned scholars, both indigenous and non-indigenous, to cast light on the magnitude of the challenges Canadians face in seeking a consensus on the nature of treaty partnership in the twenty-first century. The diverse perspectives offered in this volume examine how Indigenous people’s own legal and policy frameworks can be used to develop healthier attitudes between First Peoples and settler governments in Canada. While considering the existing law of Aboriginal and treaty rights, the contributors imagine what these relationships might look like if those involved pursued our highest aspirations as Canadians and Indigenous peoples. This timely and authoritative volume provides answers that will help pave the way toward good governance for all.

Short Description
InThe Right Relationship,John Borrows and Michael Coyle
ing together a group of renowned scholars, both indigenous and non-indigenous, to cast light on the magnitude of the challenges Canadians face in seeking a consensus on the nature of treaty partnership in the twenty-first century.

Table of Contents
AcknowledgementsIntroductionPART I. TREATY REMEDIES – HOW SHOULD HISTORY SHAPE THE LAW?Canada’s Colonial ConstitutionJOHN BORROWSAs Long as the Sun Shines: Recognizing that Treaties were Intended to LastMICHAEL COYLEIndigenous Rights Litigation, Legal History, and yhe Role of ExpertsKENT MCNEILBargains Made in Bad Times: How Principles from Modern Treaties can Reinvigorate Historic TreatiesJULIE JAIWho Calls the Shots? Balancing Individual and Collective Interests in The Assertion of Aboriginal and Treaty Harvesting RightsFRANCESCA ALLODI-ROSSNegotiating Self-Government Over & Over & Over Again: Interpreting Contemporary TreatiesSARI GRABEN & MATTHEW MEHAFFYPART II. THE ROLE OF INDIGENOUS LEGAL ORDERS: TREATY RIGHTS OR RIGHT RELATIONSHIPS?Rights and Remedies Within Common Law and Indigenous Legal Traditions: Can the Covenant Chain be Judicially Enforced Today?MARK D. WALTERSWhat is a Treaty? On Contract and Mutual AidAARON MILLSChanging the Treaty Question: Remedying the Right(S) RelationshipHEIDI KIIWETINEPINESIIK STARK(Re)Defining "Good Faith" Through Snuw’uyulhSARAH MORALESPART III. "FITTING THE FORUM TO THE FUSS" – RE-EXAMINING THE FORUMS IN WHICH TREATY DISPUTES ARE ADDRESSEDA Treaty in Another Context: Creating Reimagined Treaty Relationships in Aotearoa New ZealandJACINTA RURUNanabush, Lon Fuller and Historical Treaties: The Potentialities and Limits of AdjudicationJEAN LECLAIRTreaties and The Emancipatory Potential of International LawSARA L. SECK