Description

Book Synopsis

There is a unique constitutional relationship between Aboriginal people and the Canadian state – a relationship that does not exist between other Canadians and the state. It's from this central premise that Patrick Macklem builds his argument in this outstanding and significant work.

Why does this special relationship exist? What does it entail in terms of Canadian constitutional order? There are, Macklem argues, four complex social facts that lie at the heart of the relationship. First, Aboriginal people belong to distinctive cultures that were and continue to be threatened by non-Aboriginal beliefs, philosophies, and ways of life. Second, prior to European contact, Aboriginal people lived in and occupied North America. Third, prior to European contact, Aboriginal people not only occupied North America; they exercised sovereign authority over persons and territory. Fourth, Aboriginal people participated in and continue to participate in a treaty process with the C

Indigenous Difference and the Constitution of

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    A Paperback by Patrick Macklem

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      View other formats and editions of Indigenous Difference and the Constitution of by Patrick Macklem

      Publisher: University of Toronto Press
      Publication Date: Publication Date: 1/20/2001 12:00:00 AM
      ISBN13: 9780802080493, 978-0802080493
      ISBN10: 0802080499

      Description

      Book Synopsis

      There is a unique constitutional relationship between Aboriginal people and the Canadian state – a relationship that does not exist between other Canadians and the state. It's from this central premise that Patrick Macklem builds his argument in this outstanding and significant work.

      Why does this special relationship exist? What does it entail in terms of Canadian constitutional order? There are, Macklem argues, four complex social facts that lie at the heart of the relationship. First, Aboriginal people belong to distinctive cultures that were and continue to be threatened by non-Aboriginal beliefs, philosophies, and ways of life. Second, prior to European contact, Aboriginal people lived in and occupied North America. Third, prior to European contact, Aboriginal people not only occupied North America; they exercised sovereign authority over persons and territory. Fourth, Aboriginal people participated in and continue to participate in a treaty process with the C

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