Recovering Canada : the resurgence of Indigenous law / John Borrows.
Canada is covered by a system of law and governance that largely obscures and ignores the presence of pre-existing Indigenous regimes. Indigenous law, however, has continuing relevance for both Aboriginal peoples and the Canadian state. In his in-depth examination of the continued existence and application of Indigenous legal values, John Borrows suggests how First Nations laws could be applied by Canadian courts, and tempers this by pointing out the many difficulties that would occur if the courts attempted to follow such an approach. By contrasting and comparing Aboriginal stories and Canadian case law, and interweaving political commentary, Borrows argues that there is a better way to constitute Aboriginal / Crown relations in Canada. He suggests that the application of Indigenous legal perspectives to a broad spectrum of issues that confront us as humans will help Canada recover from its colonial past, and help Indigenous people recover their country. Borrows concludes by demonstrating how Indigenous peoples' law could be more fully and consciously integrated with Canadian law to produce a society where two world views can co-exist and a different vision of the Canadian constitution and citizenship can be created.
Record details
- ISBN: 9780802036797 (bound) :
- ISBN: 9780802085016 (pbk.) :
- ISBN: 0802036791 (bound) :
- ISBN: 0802085016 (pbk.) :
- Physical Description: xii, 312 p. ; 23 cm.
- Publisher: Toronto : University of Toronto Press, 2002.
Content descriptions
Bibliography, etc. Note: | Includes bibliographical references (p. [271]-307) and index. |
Formatted Contents Note: | With or without you: first Nations law in Canada -- Living between water and rocks: the environment, First Nations and democracy -- Frozen rights in Canada: constitutional interpretation and the trickster -- Nanabush goes west: title, treaties and the trickster in British Columbia -- Questioning Canada's title to land: the rule of law, Aboriginal peoples and colonialism -- 'Landed' citizenship: an indigenous declaration of interdependence -- Philosopher's walk -- the return. |
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Subject: | Native peoples > Legal status, laws, etc. > Canada. Customary law > Canada. Customary law > Canada. Native peoples > Legal status, laws, etc. > Canada. |
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- 2 of 2 copies available at Vancouver Island University Library.
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Location | Call Number / Copy Notes | Barcode | Shelving Location | Circulation Modifier | Holdable? | Status | Due Date | Courses |
---|---|---|---|---|---|---|---|---|
VIU Library - Cowichan Campus | KE 7709 B68 2002 (Text) | M010815597 | STACKS | Volume hold | Available | - | ||
VIU Library - Nanaimo Campus | KE 7709 B68 2002 (Text) | M011163500 | STACKS | Volume hold | Available | - |