Description
Book SynopsisWhat, other than numbers and power, justifies Canada’s assertion of sovereignty and jurisdiction over the country’s vast territory? Why should Canada’s original inhabitants have to ask for rights to what was their land when non-Aboriginal people first arrived? The question lurks behind every court judgment on Indigenous rights, every demand that treaty obligations be fulfilled, and every land-claims negotiation.
Addressing these questions has occupied anthropologist Michael Asch for nearly thirty years. In On Being Here to Stay, Asch retells the story of Canada with a focus on the relationship between First Nations and settlers.
Asch proposes a way forward based on respecting the “spirit and intent” of treaties negotiated at the time of Confederation, through which, he argues, First Nations and settlers can establish an ethical way for both communities to be here to stay.
Trade Review'Michael Asch argues his points with elegance and logic. His work is always a pleasure to read...This important reflection on the state of Indigenous/settler relations in Canada merits a wide readership.' -- Neil Vallance BC Studies issue 186, summer 2015 'Asch provides compelling evidence that demonstrates the need to alter our relationship with Indigenous peoples... His position is well founded, legitimately defended and in my opinion, a genuine way to reconcile "our being here to stay" with Indigenous peoples.' -- Emily-Jean Gallant The Canadian Journal of Native Studies vol34:02:2014 'In a work relating to treaty rights, there is much here that will contribute to better understandings across a range of Aboriginal and treaty rights issues. Asch has here extended yet again his lifetime of contributing to discussions on section 35 rights, and we should all immensely appreciate his contribution.' -- Dwight Newman Review of Constitutional Studies vol 19:02:2015 'For academic law libraries with collection interests in aboriginal law, this title is an essential addition.' -- Mary Hemmings Law Library Journal vol 106:04:2014 'On Being Here to Stay is a thought provoking read. Michael Asch provides a different perspective on treaty relations not found in most law-oriented texts.' -- Jon Ponath Saskatchewan Law Review vol 78:2015
Table of ContentsPrologue Chapter 1: Overview Chapter 2: Aboriginal Rights and the Canadian Constitution Chapter 3: Aboriginal Rights and Temporal Priority Chapter 4: Aboriginal Rights and Self-Determination Chapter 5: Treaty Relations Chapter 6: Treaties and Co-Existence Chapter 7: Treaties and Sharing Chapter 8: Spirit and Intent Chapter 9: Setting the Record Straight Appendix I: Proportionality Appendix II: Treaty Map Notes References
