A reconciliation without recollection? : an investigation of the foundations of Aboriginal law in Canada / Joshua Ben David Nichols ; with forewords by John Borrows and James Tully.

Format:

Book

Author/Creator:

Nichols, Joshua, 1978- author.

Contributor:

Borrows, John, writer of foreword.

Tully, James, writer of foreword.

Language:

English

Subjects (All):

Indians of North America--Legal status, laws, etc--Canada.

Indians of North America.

Physical Description:

1 online resource (407 pages)

Place of Publication:

Toronto, Ontario ; Buffalo ; London : University of Toronto Press, [2020]

Summary:

The current framework for reconciliation between Indigenous peoples and the Canadian state is based on the Supreme Court of Canada’s acceptance of the Crown’s assertion of sovereignty, legislative power, and underlying title. The basis of this assertion is a long-standing interpretation of Section 91(24) of Canada’s Constitution, which reads it as a plenary grant of power over Indigenous communities and their lands, leading the courts to simply bypass the question of the inherent right of self-government. In A Reconciliation without Recollection?, Joshua Ben David Nichols argues that if we are to find a meaningful path toward reconciliation, we will need to address the history of sovereignty without assuming its foundations. Exposing the limitations of the current model, Nichols carefully examines the lines of descent and association that underlie the legal conceptualization of the Aboriginal right to govern. Blending legal analysis with insights drawn from political theory and philosophy, A Reconciliation without Recollection? is an ambitious and timely intervention into one of the most pressing concerns in Canada.

Contents:

Frontmatter

Contents

Foreword

Preface

Acknowledgments

Introduction

1.1 Reconciliation in Canadian Jurisprudence

1.2 Reconciliation as Picture Thinking

1.3 History, Law, and Legitimacy

1.4 Problem of Reconciliation as Problem of Foundations

1.5 A Genealogy of the Indian Act

2.1 Liberty and Legitimate Despotism: The Liberal-Imperialism of J.S. Mill

2.2 The Science of Savage Character: The Uncivilized and Mill’s Philosophy of History

2.3 Reading the Right of History: Universal History and the Extinction Thesis

2.4 From Enfranchisement to Reconciliation: Culturalism and Indirect Rule

3.1 Pre-Confederation to the Indian Act of 1876

3.2 The Indian Question and the Dominion

3.3 The Six Nations Status Case

3.4 A Building Crisis of Legitimacy

4.1 The Authority of s. 91(24)

4.2 The Definition of Indians and the Authority of Bands

4.3 Tsilhqot’in Nation and the Meaning of s. 91(24)

5.1 The Hidden Player: Policy from Calder to the Indian Act, 1985

5.2 Reconciliation and Implementation

Select Bibliography

Index

Notes:

Includes bibliographical references and index.

Description based on print version record.

ISBN:

1-4875-1498-0

1-4875-1497-2

OCLC:

1135595288