Recovering Canada: The Resurgence of Indigenous Law (The Canada 150 Collection)

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.;Introduction -- 1 With or Without You: First Nations Law in Canada -- 2 Living Between Water and Rocks: The Environment, First Nations, and Democracy -- 3 Frozen Rights in Canada: Constitutional Interpretation and the Trickste -- 4 Nanabush Goes West: Title, Treaties, and the Trickster in British Columbia -- 5 Questioning Canada's Title to Land: The Rule of Law, Aboriginal Peoples, and Colonialism -- 6 'Landed' Citizenship: An Indigenous Declaration of Interdependence -- Afterword: Philosopher's Walk -- The Return. "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." -- Publisher's Description

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.

This Is An Examination Of The Continued Existence And Application Of Indigenous Legal Values In Canada. John Borrows Suggests How First Nations Laws Could Be Applied By Canadian Courts, But Also Points Out The Many Difficulties That Would Occur If The Courts Attempted To Follow Such An Approach. 1. With Or Without You: First Nations Law In Canada -- 2. Living Between Water And Rocks: The Environment, First Nations, And Democracy -- 3. Frozen Rights In Canada: Constitutional Interpretation And The Trickster -- 4. Nanabush Goes West: Title, Treaties, And The Trickster In British Columbia -- 5. Questioning Canada's Title To Land: The Rule Of Law, Aboriginal Peoples, And Colonialism -- 6. 'landed' Citizenship: An Indigenous Declaration Of Interdependence -- Afterword: Philosopher's Walk -- The Return. John Borrows. Includes Bibliographical References (p. [271]-307) And Index.