Constitutional Law

"On 1 November 1990, the government of Alberta enacted legislation to enable Métis ownership and government of Alberta's Métis settlement lands. This book explores the legislative history of the Métis settlements and constitutional issues arising from Alberta's initiative. The main body of the work provides an overview of the 1990 legislation with particular emphasis on land ownership and management. The integration of provincial jurisdiction to enact Métis legislation and constitutional protection of the Métis settlements legislation.

"This is the third in a series of essays collectively referred to as, 'Mabo - Through the Eyes of the Media,' which examine, via press reports, the political and social responses to the High Court's declaration in Eddie Mabo and Others v State of Queensland (Mabo No 2), that the common law of Australia recognizes the native title to lands and waters traditionally occupied and used by Australia's Indigenous Peoples...Part I of this essay briefly reviews the State and Commonwealth legislation at issue in the case and the events leading to the litigation.

"This essay now reviews the political and social controversy that surrounded the pastoral lease issue before, during, and after the High Court's Wik decision.

"More than a decade has passed since the High Court's decision in Mabo, and this book remains a key mechanism for distinguishing between fact & myth among the claims & counter-claims which bedevil Australia's native title debate. It provides an accurate, accessible, and unbiased account of what the judges and the Acts of Parliament have actually said about native title, what it means, and what problems are likely to arise.

"Author Pamela Palmater argues that the Indian Act's registration provisions will lead to the extinguishment of First Nations as legal and constitutional entities. The current status criteria contain descent-based rules akin to blood quantum that are particularly discriminatory against women and their descendants. Beginning with a historic overview of legislative enactments defining Indian status and their impact on First nations, the author examines contemporary court rulings dealing with Aboriginal rights and the Canadian Charter of Rights and Freedoms in relation to Indigenous identity.

"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.

"More than thirty years ago, section 35 of the Constitution Act recognized and affirmed 'the existing aboriginal and treaty rights of the aboriginal peoples of Canada.' Hailed at the time as a watershed moment in the legal and political relationship between Indigenous peoples and settler societies in Canada, the constitutional entrenchment of Aboriginal and treaty rights has proven to be only the beginning of the long and complicated process of giving meaning to that constitutional recognition.

"Freedom and indigenous constitutionalism celebrates the emancipatory potential of indigenous traditions, considers their value as the basis for good laws and good lives, and critiques the failure of Canadian constitutional traditions to recognize their significance. Demonstrating how Canada's constitutional structures marginalize indigenous peoples' ability to exercise power in the real world, John Borrows uses Ojibwe law, stories, and principles to suggest alternative ways in which indigenous peoples can work to enhance freedom.