Some assume that Canada earned a place among postcolonial states in
1982 when it took charge of its Constitution. Yet despite the formal
recognition accorded to Aboriginal and treaty rights at that time,
Indigenous peoples continue to argue that they are still being
colonized. Grace Woo assesses this allegation using a binary model
that distinguishes colonial from postcolonial legality. She argues
that two legal paradigms governed the expansion of the British Empire,
one based on popular consent, the other on conquest and the power to
command. During the twentieth century, international law formally
rejected the conquest model. However, despite the best intentions of
lawyers and judges, the beliefs and practices of the colonial age
continue to haunt Supreme Court of Canada rulings concerning
Indigenous rights. The binary analysis applied in Ghost Dancing with
Colonialism casts explanatory light on ongoing tensions between Canada
and Indigenous peoples, suggesting new ways to bridge the cultural
divide and arrive at a truly postcolonial justice system.
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Decolonization and Indigenous Rights at the Supreme Court of Canada
Produktdetaljer
ISBN
9780774818896
Publisert
2020
Utgave
1. utgave
Utgiver
University of British Columbia Press
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter