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Indigenous difference and the Constitution of Canada
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 centralExpand
The security of freedom : essays on Canada's Anti-terrorism Bill
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,Expand
Militant Democracy, Legal Pluralism, and the Paradox of Self-Determination
The international legality of militant democracy - when and how a constitutional democracy can legally act in an antidemocratic manner to combat threats to its democratic existence - is far fromExpand
First Nations Self-Government and the Borders of the Canadian Legal Imagination
Self-government has become a major policy objective for First Nations in Canada. The common law of aboriginal title, the law relating to treaty rights and treaty interpretation, the distribution ofExpand
Humanitarian Intervention and the Distribution of Sovereignty in International Law
Legal debates about humanitarian intervention—military intervention by one or more states to curb gross human rights violations occurring in another state—tend to assume that its legitimacy isExpand
Securing Accountability Through Commissions of Inquiry: A Role for the Law Commission of Canada
Focusing on the Government of Ontario's unwillingness to call a public inquiry into the death of Dudley George, an Aboriginal protester, and the Government of Canada's willingness to interfere withExpand
Freedom of Conscience and Religion in Canada
The protection accorded to religious and conscientious freedom by the newly proclaimed Charter of Rights and Freedoms elevates this issue into the spheres of constitutional law and fundamentalExpand
Distributing Sovereignty: Indian Nations and Equality of Peoples
This article aims to provide a justification of Indian government by recasting claims of prior sovereignty in the discourse of distributive justice. By assessing the justice of the distribution ofExpand
From Consultation to Reconciliation: Aboriginal Rights and the Crown’s Duty to Consult
The judiciary has repeatedly called on First Nations and the Crown not to tax the institutional competence of the judiciary by excessive litigation of disputes, and instead to attempt to reachExpand