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...
There is a unique constitutional relationship between Aboriginal people and the Canadian state - a relationship that does not exist between other C...
The Government of Canada's proposed anti-terrorism legislation, Bill C-36, contemplates dramatic changes to our law, in areas as diverse as criminal procedure, international relations, immigration, individual privacy, law enforcement, and charitable giving. In this collection, Canada's leading scholars in the areas of law and public policy address the potential impact of these changes on the rights and freedoms that Canadians enjoy.
Based on papers presented at a conference organized by the Faculty of Law at the University of Toronto in November 2001, the essays in this book provide...
The Government of Canada's proposed anti-terrorism legislation, Bill C-36, contemplates dramatic changes to our law, in areas as diverse as crimina...
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...
More than thirty years ago, section 35 of the Constitution Act recognized and affirmed the existing aboriginal and treaty rights of the aboriginal ...
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...
More than thirty years ago, section 35 of the Constitution Act recognized and affirmed the existing aboriginal and treaty rights of the aboriginal ...
The Sovereignty of Human Rights advances a legal theory of international human rights that defines their nature and purpose in relation to the structure and operation of international law. Professor Macklem argues that the mission of international human rights law is to mitigate adverse consequences produced by the international legal deployment of sovereignty to structure global politics into an international legal order. The book contrasts this legal conception of international human rights with moral conceptions that conceive of human rights as instruments that protect universal...
The Sovereignty of Human Rights advances a legal theory of international human rights that defines their nature and purpose in relation to th...
The Oxford Handbook of the Canadian Constitution provides an ideal first stop for Canadians and non-Canadians seeking a clear, concise, and authoritative account of Canadian constitutional law. The Handbook is divided into six parts: Constitutional History, Institutions and Constitutional Change, Aboriginal Peoples and the Canadian Constitution, Federalism, Rights and Freedoms, and Constitutional Theory. Readers of this Handbook will discover some of the distinctive features of the Canadian constitution: for example, the importance of Indigenous peoples and legal...
The Oxford Handbook of the Canadian Constitution provides an ideal first stop for Canadians and non-Canadians seeking a clear, concise, and a...
