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Author:   Amy Swiffen ,  Joshua Nichols
Publisher:   University of Toronto Press
Imprint:   University of Toronto Press
Dimensions:   Width: 16.00cm , Height: 2.50cm , Length: 23.10cm
Weight:   0.560kg
ISBN:  

9781487552091

ISBN 10:   1487552092
Pages:   304
Publication Date:   01 February 2024
Audience:   College/higher education ,  Professional and scholarly ,  Tertiary & Higher Education ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   Manufactured on demand  
We will order this item for you from a manufactured on demand supplier.

Table of Contents

Foreword by James Sa’ke’j Youngblood Henderson Introduction: Indigenous Peoples in Federal Contexts Amy Swiffen with Shoshana Paget Section 1: Futures of Canadian Federalism 1. Creating Inclusive Canadian Federalism James Sa’ke’j Youngblood Henderson 2. Consent and the Resolution of Political Relations between Indigenous Peoples and the Canadian State Michael Asch 3. Struggles against Domestication: The United Nations Declaration on the Rights of Indigenous Peoples and Constitutional Pluralism Gordon Christie Section 2: Decolonizing Constitutionalism 4. Politicizing Indigenous Self-Determination: The UNDRIP and Legal and Political Constitutionalism Yann Allard Tremblay 5. A Theory of Decolonial Constitutionalism: Insights from Latin America Roger Merino 6. UNDRIP, the Treaty of Waitangi, and the Developing Constitution of Aotearoa New Zealand Carwyn Jones Section 3: Pluri-national Federalism 7. Treaty Federalism, the Canadian Charter of Rights and Freedoms, and Section 25 as a Bridge across Legal Cultures Amy Swiffen 8. Room to Manoeuvre: The Legal Imagination of Sovereignty in M’Intosh, Worcester, and Caron Ryan Beaton 9. “To Invite New Worlds”: Indigenous Constitutionalism and the Search for a Jurisgenerative Federalism in Canada Robert Hamilton Conclusion: The Futures of Federalism Joshua Nichols

Reviews

"""This is a fascinating collection that takes apart the assumptions that have led to the marginalization of Indigenous peoples' voices in the Canadian federal project. It includes a range of constructive and thoughtful reflections on how we might move forward as a nation that includes Indigenous peoples as vibrant partners in shaping our collective futures. The chapters do much more than offer a critique of Canada's current relationship with Indigenous peoples. They offer sophisticated ideas about how Canada's institutions might be transformed to set us on a path toward a respectful and dynamic co-existence with the original peoples of this land."" - Michael Coyle, Associate Professor of Law, University of Western Ontario ""Indigenous Peoples and the Future of Federalism addresses the legal fictions that sustain state sovereignty in opposition to Indigenous sovereignty on the territories now called Canada. By prioritizing Indigenous viewpoints on this constitutional flaw, the collection makes an important and timely contribution."" - Kirsty Gover, ARC Future Fellow, University of Melbourne ""The essays collected in Indigenous Peoples and the Future of Federalism offer important insights into current debates about Indigenous peoples and their rights in Canada and other countries."" - Mark Walters, Professor of Law, Queen's University"

"""Indigenous Peoples and the Future of Federalism addresses the legal fictions that sustain state sovereignty in opposition to Indigenous sovereignty on the territories now called Canada. By prioritizing Indigenous viewpoints on this constitutional flaw, the collection makes an important and timely contribution.""--Kirsty Gover, ARC Future Fellow, University of Melbourne ""The essays collected in Indigenous Peoples and the Future of Federalism offer important insights into current debates about Indigenous peoples and their rights in Canada and other countries.""--Mark Walters, Professor of Law, Queen's University ""This is a fascinating collection that takes apart the assumptions that have led to the marginalization of Indigenous peoples' voices in the Canadian federal project. It includes a range of constructive and thoughtful reflections on how we might move forward as a nation that includes Indigenous peoples as vibrant partners in shaping our collective futures. The chapters do much more than offer a critique of Canada's current relationship with Indigenous peoples. They offer sophisticated ideas about how Canada's institutions might be transformed to set us on a path toward a respectful and dynamic co-existence with the original peoples of this land.""--Michael Coyle, Associate Professor of Law, University of Western Ontario"

Author Information

Amy Swiffen is an associate professor in the Department of Sociology and Anthropology at Concordia University. Joshua Nichols is an assistant professor in the Faculty of Law at McGill University.

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