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More than thirty years ago, section 35 of the Constitution Act recognized and affirmed the existing aboriginal and treaty rights of the aboriginal peoples of Canada. Hailed at the time as a watershed moment in the legal and political relationship between Indigenous peoples and settler societies in Canada, the constitutional entrenchment of Aboriginal and treaty rights has proven to be only the beginning of the long and complicated process of giving meaning to that constitutional recognition.

In From Recognition to Reconciliation, twenty leading scholars reflect on the...

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...

More than thirty years ago, section 35 of the Constitution Act recognized and affirmed the existing aboriginal and treaty rights of the aboriginal peoples of Canada. Hailed at the time as a watershed moment in the legal and political relationship between Indigenous peoples and settler societies in Canada, the constitutional entrenchment of Aboriginal and treaty rights has proven to be only the beginning of the long and complicated process of giving meaning to that constitutional recognition.

In From Recognition to Reconciliation, twenty leading scholars reflect on the...