- The Oxford Handbook of the Canadian Constitution
- Contributors
- Introduction
- Indigenous Constitutionalism: Pre-existing Legal Genealogies in Canada
- Constitutional Debates in French Canada, 1764–1774
- 1867: Confederation
- The British Legal Tradition in Canadian Constitutional Law
- The Crown in Canada
- The Executive, the Royal Prerogative, and the Constitution
- Political Institutions in Canada in a New Era
- Parliamentary Sovereignty in Canada
- The Supreme Court of Canada and Appointment of Judges in Canada
- Courts, Administrative Agencies, and the Constitution
- Amending the Constitution of Canada
- Contending Sovereignties
- Treaties as Constitutional Agreements
- The Form and Substance of Aboriginal Title: Assimilation, Recognition, Reconciliation
- The Section 35 Duty to Consult
- Métis Constitutional Law Issues
- From Dualism to Cooperative Federalism and Back?: Evolving and Competing Conceptions of Canadian Federalism
- Key Doctrines in Canadian Legal Federalism
- The Spending Power in Canada
- Federalism and Health Care in Canada: A Troubled Romance?
- Criminal Law in the Federal Context
- The Environment, Federalism, and the Charter
- Constitutional Aspects of Commercial Law
- The Exploitation of Natural Resources in the Federation
- Minority Languages, Education, and the Constitution
- Marriage, Family, and Federal Concerns
- International Treaty-Making and Treaty Implementation
- Interpreting the <i>Charter</i>
- Access to <i>Charter</i> Justice
- The Justification of Rights Violations: Section 1 of the Charter
- <i>Charter</i> Remedies
- The Notwithstanding Clause: Why Non-use Does Not Necessarily Equate with Abiding by Judicial Norms
- Democratic Rights
- The Right to Protest, Freedom of Expression, and Freedom of Association
- Freedom of Religion
- Section 7: The Right to Life, Liberty, and Security of the Person
- The <i>Charter</i> and Criminal Justice
- Equality and Anti-discrimination: The Relationship between Government Goals and Finding Discrimination in Section 15
- Social and Economic Rights
- Constitutional Interpretation: On Issues of Ontology and of Interlegality
- The Living Tree
- Canadian Constitutional Culture: A Genealogical Account
- The Role of Theory in Canadian Constitutional Law
- Feminist Constitutionalism in Canada
- The Politics of Constitutional Law: A Critical Approach
- Constitutional Principles in the <i>Secession Reference</i>
- The Rule of Law, the Separation of Powers and Judicial Independence in Canada
- Understanding Dialogue Theory
- The Canadian Constitution and the World
- Table of Cases
- Index
Abstract and Keywords
This chapter examines the manner in which questions of sovereignty have arisen in relation to the Indigenous dimensions of the Canadian Constitution. After a brief discussion of the foundation of Indigenous rights in the Canadian Constitution, it reviews the debate over whether Indigenous peoples possess an inherent right of self-government and the treatment of that demand in constitutional negotiations and before the courts. It explores the ways in which Indigenous ‘sovereignty’ has been discussed by the courts and, in one striking instance, by the BC legislature. And it examines the various meanings attached to ‘sovereignty’, determining which ones are in issue in Indigenous/non-Indigenous relations in Canada.
Keywords: Indigenous rights, sovereignty, Indigenous self-government, Indigenous self-determination, inherent right, constitutional reform
Jeremy Webber, Dean and Professor of Law, University of Victoria
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- The Oxford Handbook of the Canadian Constitution
- Contributors
- Introduction
- Indigenous Constitutionalism: Pre-existing Legal Genealogies in Canada
- Constitutional Debates in French Canada, 1764–1774
- 1867: Confederation
- The British Legal Tradition in Canadian Constitutional Law
- The Crown in Canada
- The Executive, the Royal Prerogative, and the Constitution
- Political Institutions in Canada in a New Era
- Parliamentary Sovereignty in Canada
- The Supreme Court of Canada and Appointment of Judges in Canada
- Courts, Administrative Agencies, and the Constitution
- Amending the Constitution of Canada
- Contending Sovereignties
- Treaties as Constitutional Agreements
- The Form and Substance of Aboriginal Title: Assimilation, Recognition, Reconciliation
- The Section 35 Duty to Consult
- Métis Constitutional Law Issues
- From Dualism to Cooperative Federalism and Back?: Evolving and Competing Conceptions of Canadian Federalism
- Key Doctrines in Canadian Legal Federalism
- The Spending Power in Canada
- Federalism and Health Care in Canada: A Troubled Romance?
- Criminal Law in the Federal Context
- The Environment, Federalism, and the Charter
- Constitutional Aspects of Commercial Law
- The Exploitation of Natural Resources in the Federation
- Minority Languages, Education, and the Constitution
- Marriage, Family, and Federal Concerns
- International Treaty-Making and Treaty Implementation
- Interpreting the <i>Charter</i>
- Access to <i>Charter</i> Justice
- The Justification of Rights Violations: Section 1 of the Charter
- <i>Charter</i> Remedies
- The Notwithstanding Clause: Why Non-use Does Not Necessarily Equate with Abiding by Judicial Norms
- Democratic Rights
- The Right to Protest, Freedom of Expression, and Freedom of Association
- Freedom of Religion
- Section 7: The Right to Life, Liberty, and Security of the Person
- The <i>Charter</i> and Criminal Justice
- Equality and Anti-discrimination: The Relationship between Government Goals and Finding Discrimination in Section 15
- Social and Economic Rights
- Constitutional Interpretation: On Issues of Ontology and of Interlegality
- The Living Tree
- Canadian Constitutional Culture: A Genealogical Account
- The Role of Theory in Canadian Constitutional Law
- Feminist Constitutionalism in Canada
- The Politics of Constitutional Law: A Critical Approach
- Constitutional Principles in the <i>Secession Reference</i>
- The Rule of Law, the Separation of Powers and Judicial Independence in Canada
- Understanding Dialogue Theory
- The Canadian Constitution and the World
- Table of Cases
- Index
