Uncertain Accommodation : Aboriginal Identity and Group Rights in the Supreme Court of Canada / Dimitrios Panagos.
2016
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Details
Title
Uncertain Accommodation : Aboriginal Identity and Group Rights in the Supreme Court of Canada / Dimitrios Panagos.
Imprint
Vancouver ; Toronto : University of British Columbia Press, [2016]
Copyright
©2016
Description
1 online resource (176 p.)
Series
Law and Society.
Formatted Contents Note
Front Matter
Contents
Acknowledgments
Introduction
The Historical and Legal Framework for Section 35
Competing Approaches and Conceptualizations of Aboriginality
The Case for a Relational Approach
The Nation-to-Nation, Colonial, and Citizen-State Approaches
Submissions to the Court
What the Justices Said
Aboriginal Rights Jurisprudence and Identity Contestation
A Problematic Conception of Rights
Conclusion
Notes
References
Index
Law and Society
Contents
Acknowledgments
Introduction
The Historical and Legal Framework for Section 35
Competing Approaches and Conceptualizations of Aboriginality
The Case for a Relational Approach
The Nation-to-Nation, Colonial, and Citizen-State Approaches
Submissions to the Court
What the Justices Said
Aboriginal Rights Jurisprudence and Identity Contestation
A Problematic Conception of Rights
Conclusion
Notes
References
Index
Law and Society
Summary
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, nor is there a consensus on what is wrong with these rights or how they can be fixed. Uncertain Accommodation tells the story of what went wrong. 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 how the vision of Aboriginal identity promoted and protected is that of the Supreme Court of Canada itself. 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.
Language Note
In English.
System Details Note
Mode of access: Internet via World Wide Web.
Source of Description
Description based on online resource; title from PDF title page (publisher's Web site, viewed 06. Mrz 2024)
Location
www
In
Title is part of eBook package: ACUP Complete eBook-Package 2016 De Gruyter
Title is part of eBook package: ACUP Upgrade eBook-Package 2016 De Gruyter
Title is part of eBook package: University of British Columbia Complete eBook-Package 2016 De Gruyter
Title is part of eBook package: ACUP Upgrade eBook-Package 2016 De Gruyter
Title is part of eBook package: University of British Columbia Complete eBook-Package 2016 De Gruyter
Access Note
restricted access (http://purl.org/coar/access_right/c_16ec) online access with authorization
Alternate Title
DeGruyter online
Language
English
ISBN
9780774832403
Record Appears in