Some assume that Canada earned a place among postcolonial states in 1982 when it took charge of its Constitution. Yet despite the formal recognition accorded to Aboriginal and treaty rights at that time, Indigenous peoples continue to argue that they are still being colonized. Grace Woo assesses this allegation using a binary model that distinguishes colonial from postcolonial legality. She argues that two legal paradigms governed the expansion of the British Empire, one based on popular consent, the other on conquest and the power to command. Ghost Dancing with Colonialism casts explanatory…mehr
Some assume that Canada earned a place among postcolonial states in 1982 when it took charge of its Constitution. Yet despite the formal recognition accorded to Aboriginal and treaty rights at that time, Indigenous peoples continue to argue that they are still being colonized. Grace Woo assesses this allegation using a binary model that distinguishes colonial from postcolonial legality. She argues that two legal paradigms governed the expansion of the British Empire, one based on popular consent, the other on conquest and the power to command. Ghost Dancing with Colonialism casts explanatory light on ongoing tensions between Canada and Indigenous peoples.
Grace Li Xiu Woo is a retired member of the Law Society of British Columbia. She has taught in the Program of Legal Studies for Native People at the University of Saskatchewan.
Inhaltsangabe
Introduction: Ghost Dancing and S. 35 Part 1: Paradigms and the British Empire 1 Anomalies 2 Conceptual Structures 3 Colonial and Postcolonial Legality Part 2: Case Study: Indigenous Rights and Decolonization at the Supreme Court of Canada 4 Methodology 5 Internal Architecture of the Court's Reasoning 6 Trends and Dance Tunes 7 Can the Court Become Postcolonial? Appendix 1: Chronological List of Cases Studied Appendix 2: Judicial Careers Appendix 3: Judicial Reasoning Profiles Appendix 4: Assessment of Reasoning Appendix 5: Use of the Canadian Judicial Institution Notes Selected Bibliography General Index Index of Cases Index of Legislation, Treaties, and Accords
Introduction: Ghost Dancing and S. 35 Part 1: Paradigms and the British Empire 1 Anomalies 2 Conceptual Structures 3 Colonial and Postcolonial Legality Part 2: Case Study: Indigenous Rights and Decolonization at the Supreme Court of Canada 4 Methodology 5 Internal Architecture of the Court's Reasoning 6 Trends and Dance Tunes 7 Can the Court Become Postcolonial? Appendix 1: Chronological List of Cases Studied Appendix 2: Judicial Careers Appendix 3: Judicial Reasoning Profiles Appendix 4: Assessment of Reasoning Appendix 5: Use of the Canadian Judicial Institution Notes Selected Bibliography General Index Index of Cases Index of Legislation, Treaties, and Accords
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