Abstract
ExtractAboriginal Title – Indigenous Rights – Constitutional Authority – Treaties – Self-Government This book began with the observation that Canadian constitutional law is not a thoroughly rationalized and ordered body of law. It instead contains several themes, each with its own dynamic, moving in and out of phase. The constitution is a work in progress, with courts, governments, citizens, and peoples arguing over the relationship among the strands and fashioning potential solutions. Nowhere is this more the case than in the aspects of the constitution that address Indigenous peoples. The relationship between Indigenous peoples and Canadian governments has been long and troubled. It has sometimes been brutal; it has certainly been marked by differences of power. It has also been a process of encounter – between societies, between world-views. And this interaction is ongoing as courts, legislators, and Indigenous leaders struggle to develop adequate concepts to structure the relationship. The...