Indigenous Difference & the Constitution of Canada

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Indigenous Difference and the Constitution of Canada examines the legal status, government relations, and civil rights of First Nations in Canada. Law professor Patrick Macklem eff ectively argues that the constitutional relationship between First Nations and the Canadian state is unique and deserves special recognition. There are four facts that distinguish this unique relationship: distinctive cultures of First Nations; occupation of specific territories prior to contact; sovereign power over these territories; and participation in treaty-making with the Crown. These four factors constitute Indigenous difference. In the Canadian constitutional context, Macklem argues that these differences do not challenge the ideal of equality. The protection of these differences within the constitution promotes equality and maintains the ideal of justice. Chapters cover culture, territory, sovereignty, treaties, self-government and other rights, the Canadian Charter of Rights and Freedoms, the social, fiscal and institutional obligations, and contemporary treaty process, including the Nisga'a. This book should interest anyone involved in Indigenous rights, self-government, treaties, and the Canadian Constitution. Show more