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Law Indigenous Peoples

Indigenous Peoples and the Future of Federalism

edited by Amy Swiffen & Joshua Nichols

Publisher
University of Toronto Press
Initial publish date
Feb 2024
Category
Indigenous Peoples, Constitutional, Canadian
  • Hardback

    ISBN
    9781487552091
    Publish Date
    Feb 2024
    List Price
    $85.00
  • Paperback / softback

    ISBN
    9781487555719
    Publish Date
    Jan 2024
    List Price
    $36.95
  • eBook

    ISBN
    9781487560980
    Publish Date
    Dec 2023
    List Price
    $36.95

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Description

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.

About the authors

Amy Swiffen is an associate professor in the Department of Sociology and Anthropology at Concordia University.

Amy Swiffen's profile page

Joshua Nichols is an assistant professor in the Faculty of Law at McGill University.

Joshua Nichols' profile page