Canada's Indigenous Constitution

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University of Toronto Press, Mar 6, 2010 - Social Science - 416 pages
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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.

 

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Contents

NingiiWiidookaagoo Ongow Emaadizijig
Retroduction
1 Living Legal Traditions
2 Sources and Scope of Indigenous Legal Traditions
3 Indigenous Law Examples
4 Learning from Bijuridicalism
5 Recognizing a MultiJuridical Legal Culture
6 Challenges and Opportunities in Recognizing Indigenous Legal Traditions
Reproduction
Notes
4 Learning from Bijuridicalism
5 Recognizing a MultiJuridical Legal Culture
6 Challenges and Opportunities in Recognizing Indigenous Legal Traditions
7 The Role of Governments and Courts in Entrenching Indigenous Legal Traditions
8 Indigenous Legal Institution Development
Religion Law and the Constitution

7 The Role of Governments and Courts in Entrenching Indigenous Legal Traditions
8 Indigenous Legal Institution Development
Religion Law and the Constitution
Cultivating Indigenous Legal Traditions
Cultivating Indigenous Legal Traditions
Index
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About the author (2010)

John Borrows is a professor and Law Foundation Chair in Aboriginal Justice in the Faculty of Law at the University of Victoria and Robina Professor in Law and Public Policy at the University of Minnesota Law School.

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