From Recognition to Reconciliation: Essays on the Constitutional Entrenchment of Aboriginal and Treaty Rights

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Patrick Macklem, Douglas Sanderson
University of Toronto Press, Jan 1, 2016 - Law - 522 pages

More than thirty years ago, section 35 of the Constitution Act recognized and affirmed "the existing aboriginal and treaty rights of the aboriginal peoples of Canada." Hailed at the time as a watershed moment in the legal and political relationship between Indigenous peoples and settler societies in Canada, the constitutional entrenchment of Aboriginal and treaty rights has proven to be only the beginning of the long and complicated process of giving meaning to that constitutional recognition.

In From Recognition to Reconciliation, twenty leading scholars reflect on the continuing transformation of the constitutional relationship between Indigenous peoples and the Canadian state. The book features essays on themes such as the role of sovereignty in constitutional jurisprudence, the diversity of methodologies at play in these legal and political questions, and connections between the Canadian constitutional experience and developments elsewhere in the world.

 

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Contents

Recognition and Reconciliation in IndigenousSettler Societies
1
Reconciling Sovereignties
15
Contesting Methodologies
135
Constitutional Consultations
205
Recognition and Reconciliation in Action
257
Comparative Reflections
413
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About the author (2016)

Patrick Macklem is the William C. Graham Professor of Law in the Faculty of Law at the University of Toronto.

Douglas Sanderson is an associate professor in the Faculty of Law at the University of Toronto.

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