Uncertain accommodation : Aboriginal identity and group rights in the Supreme Court of Canada
Author(s)
Bibliographic Information
Uncertain accommodation : Aboriginal identity and group rights in the Supreme Court of Canada
(Law and society series)
UBC Press, 2016
- : hard
Available at 2 libraries
  Aomori
  Iwate
  Miyagi
  Akita
  Yamagata
  Fukushima
  Ibaraki
  Tochigi
  Gunma
  Saitama
  Chiba
  Tokyo
  Kanagawa
  Niigata
  Toyama
  Ishikawa
  Fukui
  Yamanashi
  Nagano
  Gifu
  Shizuoka
  Aichi
  Mie
  Shiga
  Kyoto
  Osaka
  Hyogo
  Nara
  Wakayama
  Tottori
  Shimane
  Okayama
  Hiroshima
  Yamaguchi
  Tokushima
  Kagawa
  Ehime
  Kochi
  Fukuoka
  Saga
  Nagasaki
  Kumamoto
  Oita
  Miyazaki
  Kagoshima
  Okinawa
  Korea
  China
  Thailand
  United Kingdom
  Germany
  Switzerland
  France
  Belgium
  Netherlands
  Sweden
  Norway
  United States of America
Description and Table of Contents
Description
In 1982, Canada formally recognized Aboriginal rights within its Constitution. The move reflected a consensus that states should and could use group rights to protect and accommodate subnational groups within their borders. Decades later, however, no one is happy. This state of affairs, Panagos argues, is rooted in a failure to define what aboriginality means, which has led to the promotion and protection of a single vision of aboriginality - that of the justices of the Supreme Court. He concludes that there can be no justice so long as the state continues to safeguard a set of values and interests defined by non-Aboriginal people.
Table of Contents
Introduction
1 The Historical and Legal Framework for Section 35
2 Competing Approaches and Conceptualizations of Aboriginality
3 The Case for a Relational Approach
4 The Nation-to-Nation, Colonial, and Citizen-State Approaches
5 Submissions to the Court
6 What the Justices Said
7 Aboriginal Rights Jurisprudence and Identity Contestation
8 A Problematic Conception of Rights
Conclusion
Notes
References
Index
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