Recovering Canada: The Resurgence of Indigenous Law - Softcover

Borrows, John

4.33

6 ratings by Goodreads

9780802085016: Recovering Canada: The Resurgence of Indigenous Law

Softcover

ISBN 10: 0802085016 ISBN 13: 9780802085016

Publisher: University of Toronto Press, 2002

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Canada is covered by a system of law and governance that largely obscures and ignores the presence of pre-existing indigenous regimes. Indigenous law, however, has continuing relevance for both Aboriginal peoples and the Canadian state. In his in-depth examination of the continued existence and application of indigenous legal values, John Borrows suggests how First Nations laws could be applied by Canadian courts, and tempers this by pointing out the many difficulties that would occur if the courts attempted to follow such an approach. By contrasting and comparing Aboriginal stories and Canadian case law, and interweaving political commentary, Borrows argues that there is a better way to constitute Aboriginal/Crown relations in Canada. He suggests that the application of indigenous legal perspectives to a broad spectrum of issues that confront us as humans will help Canada recover from its colonial past, and help indigenous people recover their country. Borrows concludes by demonstrating how indigenous peoples' law could be more fully and consciously integrated with Canadian law to produce a society where two world views can coexist and a different vision of the Canadian constitution and citizenship can be created.

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Review:

"...these four messages conveyed by Borrows remain insightful today..."

- Kenichi Matsui, University of Tsukuba - The Canadian Historical Review vol. 99 no. 3, 2018

About the Author:

John Borrows is the Canada Research Chair in Indigenous Law in the Faculty of Law at the University of Victoria and is the winner of both the Canadian Political Science Association's Donald Smiley Prize (for Recovering Canada) and the Canadian Law and Society Association Book Prize (for Canada's Indigenous Constitution).

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