Freedom and Indigenous Constitutionalism

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Freedom and Indigenous Constitutionalism by John Borrows demonstrates how Canada’s constitutional structures marginalize Indigenous peoples’ ability to exercise power in the real w orld, John Borrows uses Ojibwe law, stories, and principles to suggest alternative ways in which Indigenous peoples can work to enhance freedom. Among the stimulating issues he approaches are the democratic potential of civil disobedience, the hazards of applying originalism rather than living tree jurisprudence in the interpretation of Aboriginal and treaty rights, American legislative actions that could also animate Indigenous self-determination in Canada, and the opportunity for Indigenous governmental action to address violence against women. 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. Using a selection of case studies Borrows examines various forms of civil disobedience utilized by First Nations when confronted by challenges to their freedoms. The examples include James Bay, Haida Gwaii, Chippewas of Nawash, Clayoquot Sound, Oka/Kanesatake, Burnt Church, Anicinabe Park, Algonquins of Barriere Lake, and Temagami Anishinaabe. Show more