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    Freedom and indigenous constitutionalism / John Borrows.

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    • Title:Freedom and indigenous constitutionalism / John Borrows.
    •    
    • Variant Title:Freedom & indigenous constitutionalism
    • Author/Creator:Borrows, John, 1963- author.
    • Other Contributors/Collections:Xwi7xwa Collection
    • Published/Created:Toronto ; Buffalo ; London : University of Toronto Press, [2016]
      ©2016

    • Holdings

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    • FNHL (Xwi7xwa) Subjects:Indigenous Peoples--Government relations.
      Indigenous Peoples--Rights and title.
      Indigenous Peoples--Self determination.
      Indigenous Peoples--Activism.
      Anishinabe--Culture.
    • Library of Congress Subjects: Ojibwa law.
    • Description:x, 371 pages ; 24 cm
    • Summary:"Indigenous traditions can be uplifting, positive, and liberating forces when they are connected to living systems of thought and practice. Problems arise when they are treated as timeless models of unchanging truth that require unwavering deference and unquestioning obedience. 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."-- Provided by publisher.
      "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. 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."-- Provided by publisher.
    • Notes:Includes bibliographical references (pages 215-358) and index.
    • ISBN:9781442630932 (cloth)
      1442630930 (cloth)
      9781442629233 (paper)
      1442629231 (paper)
    • Contents:Machine generated contents note: 1. Physical Philosophy: Mobility and Indigenous Freedom
      A. Methodologies of Mobility: Physical Philosophy
      B. Models of Mobility
      C. Manipulating Mobility: Settled and Unsettled Law
      i). `Damned if We Move': The Too Unsettled Thesis
      ii). `... and Damned if We Don't': The Too Settled Thesis
      D. Recognizing and Affirming Indigenous Physical Mobility
      E. Recognizing and Affirming Indigenous Conceptual Mobility
      i). Indigenous Governments and Personal Relationships
      ii). Indigenous Governments and Institutional Relationships
      F. Conclusion
      2. Civil (Dis)Obedience, Freedom, and Democracy
      A. Moving Beyond Abstractions: Remembering Grounded Histories
      B. Group One: Best Practices (so far) in Indigenous Civil (Dis)obedience
      i). Moresby Island, Haida Gwaii, British Columbia
      ii). James Bay
      iii). Chippewas of the Nawash
      iv). Clayoquot Sound
      C. Group Two: Helping Others, Failing at Home
      i). Oka/Kanesatake, Quebec
      ii). Burnt Church
      D. Group Three: Diminishing Democracy and Eroding Freedom, Generally and Specifically
      i). Anicinabe Park
      ii). Algonquins of Barriere Lake
      iii). Temagami Anishinaabe
      E. Conclusion
      3. Indigenous Freedom and Canadian Constitutionalism
      A. Constitutional Complexities
      B. Constitutional Suspicions
      C. Constitutional Discussions
      D. Constitutional Amendment: Strategies and Debates
      E. Constitutional Entrenchment
      F. Constitutional Conferences and Accords
      G. Conclusion
      4. (Ab)Originalism and Canada's Constitution
      A. (Ab)Originalism and Living Trees: Analysing Modes of Interpretation
      B. (Ab)Originalism and the Canons of Construction
      i). Treaties, Originalism, and the Canons of Construction
      ii). Aboriginal Rights, Originalism, and the Canons of Construction
      C. (Ab)Originalism as Adverse Discrimination
      D. Three Alternatives to (Ab)Originalism
      E. Indigenous Legal Traditions, Living Trees, and Originalism
      F. Conclusion
      5. Legislation and Indigenous Self-Determination in Canada and the United States
      A. Indigenous Control of Federal Services
      B. Protection of Indigenous Cultures and Communities
      C. Indigenous Control in Relation to Economic Development, Environment, and Natural Resources
      D. Conclusion
      6. Aboriginal and Treaty Rights and Violence against Women
      A. Problem and/or the Answer: Indigenous Self-Determination and Violence against Women
      B. Indigenous Governments: Can They Be Trusted?
      C. Section 35(1) and Violence against Women
      i). Aboriginal Rights: Violence against Women and the `Integral to the Distinctive Culture' Test
      ii). Violence against Women and Treaties
      D. Conclusion.
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