Canada's Indigenous Constitution
Published: March 2010© 2010
Imprint: University of Toronto Press
Page Count: 416 Pages
Dimensions: 6.04 x 9.00
416 Pages, 6.04 x 9.00 x 1.07 in
Canada's Indigenous Constitution reflects on the nature and sources of law in Canada, beginning with the conviction that the Canadian legal system has helped to engender the high level of wealth and security enjoyed by people across the country. However, longstanding disputes about the origins, legitimacy, and applicability of certain aspects of the legal system have led John Borrows to argue that Canada's constitution is incomplete without a broader acceptance of Indigenous legal traditions.
With characteristic richness and eloquence, John Borrows explores legal traditions, the role of governments and courts, and the prospect of a multi-juridical legal culture, all with a view to understanding and improving legal processes in Canada. He discusses the place of individuals, families, and communities in recovering and extending the role of Indigenous law within both Indigenous communities and Canadian society more broadly.
This is a major work by one of Canada's leading legal scholars, and an essential companion to Drawing Out Law: A Spirit's Guide.
‘This work is an important piece in a broader inter-societal dialogue whereby diverse but connected peoples can resolve disputes and organize affairs in ways that best reflect fundamental principles of justice and equality.’ Trevor Shishkin, Saskatchewan Law Review; vol 75:2012
'An original and important addition to the study of Indigenous law, Canada's Indigenous Constitution will be instrumental in dispelling colonial myths that continue to be taught in law schools throughout the country.' Larry Chartrand, Faculty of Law, University of Ottawa
'Rich and comprehensive, Canada's Indigenous Constitution challenges non-Aboriginal and Aboriginal Canadians alike to integrate the legal traditions and practices of Canada's Indigenous peoples with the overall system of Canadian law. A lucid analysis of how Canadian and Indigenous laws relate to one another, John Borrows's penetrating work is a tour de force.' Peter Russell, Department of Political Science, University of Toronto
- Canadian Law and Society Association Book Prize - (Winner)
- The Canada Prize in the Social Sciences - (Short-listed)
- Donald Smiley Prize awarded by Canadian Political Science Association - (Short-listed)