In 1982, after decades of determined mobilization by Aboriginal groups
and their allies, the government of Canada formally recognized
Aboriginal rights within its Constitution. The move reflected a
consensus that states should and could use constitutionally enshrined
group rights to protect and accommodate subnational groups within
their borders. Decades later, however, almost no one is happy with the
current state of Aboriginal rights in Canada. To some, these rights go
too far; for others, they do not go far enough; still others contend
that these rights merely perpetuate the ongoing projects of
assimilation and colonization. In Uncertain Accommodation, Dimitrios
Panagos argues that the failure of Canada’s Aboriginal rights
jurisprudence is ultimately rooted in our inability to agree on what
aboriginality means. Through incisive analysis of judicial decisions,
legal submissions, and academic debates, he reveals the plurality of
conceptions of aboriginality put forth over the past three decades and
shows that the singular vision of aboriginality promoted and protected
is that of the Supreme Court of Canada itself. Because this vision is
fundamentally different from that of Aboriginal people, the court’s
jurisprudence not only fails to protect their interests, it actually
threatens them. Panagos concludes that there can be no justice as long
as the state continues to safeguard a set of values and interests
defined by non-Aboriginal people.
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Aboriginal Identity and Group Rights in the Supreme Court of Canada
Produktdetaljer
ISBN
9780774832403
Publisert
2021
Utgave
1. utgave
Utgiver
University of British Columbia Press
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter