Creating Indigenous Property: Power, Rights, and Relationships
While colonial imposition of the Canadian legal order has undermined Indigenous law, creating gaps and sometimes distortions, Indigenous peoples have taken up the challenge of rebuilding their laws, governance, and economies. Indigenous conceptions of land and property are central to this project.
Creating Indigenous Property identifies how contemporary Indigenous conceptions of property are rooted in and informed by their societally specific norms, meanings, and ethics. Through detailed analysis, the authors illustrate that unexamined and unresolved contradictions between the historic and the present have created powerful competing versions of Indigenous law, legal authorities, and practices that reverberate through Indigenous communities. They have identified the contradictions and conflicts within Indigenous communities about relationships to land and non-human life forms, about responsibilities to one another, about environmental decisions, and about wealth distribution. Creating Indigenous Property contributes to identifying the way that Indigenous discourses, processes, and institutions can empower the use of Indigenous law.
The book explores different questions generated by these dynamics, including: Where is the public/private divide in Indigenous and Canadian law, and why should it matter? How do land and property shape local economies? Whose voices are heard in debates over property and why are certain voices missing? How does gender matter to the conceptualization of property and the Indigenous legal imagination? What is the role and promise of Indigenous law in negotiating new relationships between Indigenous peoples and Canada? In grappling with these questions, readers will join the authors in exploring the conditions under which Canadian and Indigenous legal orders can productively co-exist.
- World Rights
- Page Count: 384 pages
- Dimensions: 6.0in x 1.0in x 9.0in
Author InformationAngela Cameron is the Shirley Greenberg Chair and Associate Professor in the Faculty of Law at the University of Ottawa.
Sari Graben is Assistant Professor in the Department of Law & Business in the Ted Rogers School of Management, Ryerson University.
Val Napoleon is the Law Foundation Professor of Aboriginal Justice and Governance at the University of Victoria.
Table of contents
Introduction: Angela Cameron, Sari Graben and Val Napoleon: “The Role of Indigenous Laws in the Privatisation of Lands”
Part 1: Indigenous Law in Practice
1. Emily Snyder and Val Napoleon: “Housing on Reserve: Developing a Critical Indigenous Feminist Property Theory”
2. Shalene Jobin: “Market Citizenship and Indigeneity”
3. Sarah Morales and Brian Thom: “The Principle of Sharing and the Shadow of Canadian Law”
Part II: Political Issues
4. Nathalie Kermoal and Sarah Carter: “Canadian Aboriginal Politics: From Thomas Flanagan to the Conservatives”
5. Richard Daly: “Conceptualizing Aboriginal Taxpayers, Real Property and Communities of Sharing”
6. Jamie Baxter: “Social Movements and the Interpretation of Indigenous Land Rights”
Part III: Common Law’s Response
7. Michel Morin & Denis Blanchette: “Custom, Family Residences and the Indian Act”
8. Sari Graben and Christian Morey: “Aboriginal Title in Tsilhqot’in: Indigenous Property Law at the Supreme Court of Canada”
Part IV: Lessons from the Transnational Context
9. Ibironke Odumosu “Property Rights in Nigeria’s Niger Delta: Interactions between Customary Law and the Government’s Oil and Gas Regime”.
10. Tenile Brown: “Locating the Woman: a note on customary law and the utility of real property in the Swaziland context”
Subjects and Courses