The Right Relationship: Reimagining the Implementation of Historical Treaties
Published: February 2017© 2017
Imprint: University of Toronto Press
Page Count: 440 Pages
Dimensions: 6.00 x 9.00
440 Pages, 6.00 x 9.00 x 1.25 in
The relationship between Canada’s Indigenous peoples and the Canadian government is one that has increasingly come to the fore. Numerous tragic incidents and a legacy of historical negligence combined with more vehement calls for action is forcing a reconsideration of the relationship between the federal government and Indigenous nations.
In The Right Relationship, John Borrows and Michael Coyle bring together a group of renowned scholars, both indigenous and non-indigenous, to cast light on the magnitude of the challenges Canadians face in seeking a consensus on the nature of treaty partnership in the twenty-first century. The diverse perspectives offered in this volume examine how Indigenous people’s own legal and policy frameworks can be used to develop healthier attitudes between First Peoples and settler governments in Canada. While considering the existing law of Aboriginal and treaty rights, the contributors imagine what these relationships might look like if those involved pursued our highest aspirations as Canadians and Indigenous peoples. This timely and authoritative volume provides answers that will help pave the way toward good governance for all.
PART I. TREATY REMEDIES – HOW SHOULD HISTORY SHAPE THE LAW?
Canada’s Colonial Constitution
As Long as the Sun Shines: Recognizing that Treaties were Intended to Last
Indigenous Rights Litigation, Legal History, and yhe Role of Experts
Bargains Made in Bad Times: How Principles from Modern Treaties can Reinvigorate Historic Treaties
Who Calls the Shots? Balancing Individual and Collective Interests in The Assertion of Aboriginal and Treaty Harvesting Rights
Negotiating Self-Government Over & Over & Over Again: Interpreting Contemporary Treaties
SARI GRABEN & MATTHEW MEHAFFY
PART II. THE ROLE OF INDIGENOUS LEGAL ORDERS: TREATY RIGHTS OR RIGHT RELATIONSHIPS?
Rights and Remedies Within Common Law and Indigenous Legal Traditions: Can the Covenant Chain be Judicially Enforced Today?
MARK D. WALTERS
What is a Treaty? On Contract and Mutual Aid
Changing the Treaty Question: Remedying the Right(S) Relationship
HEIDI KIIWETINEPINESIIK STARK
(Re)Defining "Good Faith" Through Snuw’uyulh
PART III. "FITTING THE FORUM TO THE FUSS" – RE-EXAMINING THE FORUMS IN WHICH TREATY DISPUTES ARE ADDRESSED
A Treaty in Another Context: Creating Reimagined Treaty Relationships in Aotearoa New Zealand
Nanabush, Lon Fuller and Historical Treaties: The Potentialities and Limits of Adjudication
Treaties and The Emancipatory Potential of International Law
SARA L. SECK
‘This book presents an innovative argument on understanding and implementing treaties… Contributors are innovative in the way they conceive of alternatives that respect traditions and legal structures of Indigenous nations and government.’E. Acevedo, Choice Magazine vol 55:04:2017
‘The constructive, forward-thinking approaches presented in this book make it a useful read for all Canadians…. The book is also valuable for Americans interested in bringing similar conversation to the forefront…This volume is an important contribution to Indigenous-settler relations.’Jill Doerfler, Great Plains Research vol 28:01:2018
"Borrows and Coyle have gathered together a group of voices that represent precisely the kind of well-informed, tough minded optimism needed to underpin effective activism and advocacy."David J. Carlson, California State University San Bernardino, Transmotion, vol 4 no 2, 2018
"The compelling case studies that run through the collection offer insights for the lay reader about how treaties contribute to law and humanities scholarship."Cheryl Suzack, Canadian Literature 236 '18
"The Right Relationship, goes well beyond a capsule summary of the issues related to the interpretation and implementation of historical treaties. This wide-reaching collection of essays represents leading-edge scholarship on the central issue of how we, in modern Canada, can give life and voice to historical treaties in a manner that can be justified by law, philosophy, and moral reasoning. This volume is a serious contribution to the study of Indigenous–settler relations."Douglas Sanderson, Faculty of Law, University of Toronto
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