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"Borrows, John, 1963-"
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Traditional use, treaties and land title settlements: A legal history of the Anishnabe of Manitoulin Island
There has been continued conflict in Canada over the allocation of land between First Nations and non-First Nations people. This thesis explores the issues that Aboriginal and non-Aboriginal people must confront in order to successfully resolve this conflict. Historical and contemporary attempts to settle rights to land on Manitoulin Island in Lake Huron are examined to explore the lessons that can be learned from the legal history of treaty and land claims. The thesis begins by surveying the historical methods by which land was allocated prior to contact within and between First Nations on Manitoulin Island. Next, this work examines how land allocation was conducted upon contact between Native and non-Native society. First Nations participated in an allocation of land with non-Native people through the Treaty of Niagara in 1764, and the Royal Proclamation. Subsequently, the thesis investigates the Manitoulin treaties of 1836 and 1862 and demonstrates the problems First Nations encountered in signing these treaties. Finally, this work examines the contemporary attempts to deal with the allocation of land rights on Manitoulin Island through land claims. The examination of each of these issues shows how the parties' objectives regarding land use conflict and intersect, disadvantaging more traditional First Nations' land use preferences. The lesson that can be learned from the legal history of the treaties and land claims explored in this paper is that First Nations people, and those who negotiate with them to resolve outstanding issues in the allocation of land, need to become aware of the multiplicity of aspirations that exist within Native society. This recognition is necessary to preserve traditional land use. An appreciation of the legal history behind the allocation of land on Manitoulin Island shows where future pitfalls may arise in the distribution of land rights in other parts of the country. As such, the thesis contains general lessons for First Nations and other governments in the allocation of land among different groups in Canada.
Dissertation
Freedom and indigenous constitutionalism
\"Indigenous traditions can be uplifting, positive, and liberating forces when they are connected to living systems of thought and practice. Problems arise when they are treated as timeless models of unchanging truth that require unwavering deference and unquestioning obedience. Freedom and Indigenous Constitutionalism celebrates the emancipatory potential of Indigenous traditions, considers their value as the basis for good laws and good lives, and critiques the failure of Canadian constitutional traditions to recognize their significance.\"-- Provided by publisher.
Book
A genealogy of law: Inherent sovereignty and First Nations self-government
The inherent and unextinguished nature of self government among the Nawash Band is demonstrated through examining the events of the author's ancestors and community in their interactions with foreign settlers. The investigation of this history is undertaken from a Native perspective in order to access and establish an alternative vision of the political and legal status of First Nations self government. The particular interactions between Native and non-Native society that establish a continuing, inherent exercise of sovereignty are: the Native acceptance of the Royal Proclamation, the War of 1812, the migrations of our people around the Great Lakes, the acceptance of Christianity, the preservation of traditional Native health care, education and language, the entering into of treaties, and the maintenance of self government under the federal Indian Act through the exercise of statecraft and economic development. The author argues that a recounting of these interactive experiences from a Native perspective can serve to infuse legal and political discourse with different alternatives and grant First Nations people the liberty they desire to continue to pursue their aspirations in accordance with their collective goals. (Abstract shortened by UMI.)
Dissertation
The Right Relationship : Reimagining the Implementation of Historical Treaties
\"The relationship between Canada's Indigenous peoples and the Canadian government is one that has increasingly come to the fore. Numerous tragic incidents and a legacy of historical negligence combined with more vehement calls for action is forcing a reconsideration of the relationship between the federal government and Indigenous nations. In The Right Relationship, John Borrows and Michael Coyle bring together a group of renowned scholars, both indigenous and non-indigenous, to cast light on the magnitude of the challenges Canadians face in seeking a consensus on the nature of treaty partnership in the twenty-first century. The diverse perspectives offered in this volume examine how Indigenous people's own legal and policy frameworks can be used to develop healthier attitudes between First Peoples and settler governments in Canada. While considering the existing law of Aboriginal and treaty rights, the contributors imagine what these relationships might look like if those involved pursued our highest aspirations as Canadians and Indigenous peoples. This timely and authoritative volume provides answers that will help pave the way toward good governance for all.\"-- Provided by publisher.
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