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Appendices and References for 'Ghost Dancing with Colonialism: Decolonization and Indigenous Rights at the Supreme Court of Canada'

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Title: Appendices and References for 'Ghost Dancing with Colonialism: Decolonization and Indigenous Rights at the Supreme Court of Canada'
Author: Woo, Grace Li Xiu
Subject Keywords Law, Native studies, Postcolonial studies, Aboriginal rights, Treaty rights, Supreme Court, British Empire, International law, Democracy, Colonization, Decolonization, Indigenous peoples
Issue Date: 2011
Publicly Available in cIRcle 2011-05-30
Publisher UBC Press
Abstract: Canada earned a place among other so‐called postcolonial states when the Constitution Act, 1982 formally recognized Aboriginal and treaty rights. Nearly thirty years later, however, Indigenous leaders and activists continue to argue that they are subject to ongoing colonization. Grace Li Xiu Woo assesses the truth of this claim by using a binary model to distinguish colonial from postcolonial legality in Anglo‐Canadian history and at the Supreme Court. Part 1 demonstrates how two legal paradigms governed the expansion of the British Empire, one based on popular consent, the other on conquest and the power to command. Part 2, which focuses on 65 Supreme Court decisions concerning Aboriginal rights, shows that although twentieth century international law rejected the law of command in favour of democracy, the beliefs and practices of the colonial age continue to haunt judicial decision making, despite the best intentions of legislators and judges. Compelling and innovative, 'Ghost Dancing with Colonialism' not only draws attention to the underlying paradigms that inform ongoing tensions between Canada and Indigenous peoples. It also offers solutions to complete the decolonization process, bridge the cultural divide, and arrive at a truly postcolonial justice system.
Description: UBC Press (http://www.ubcpress.ca) is publishing this book on 17 October 2011. The attached appendices and references are supplements to the book.
Affiliation: Non UBC
URI: http://hdl.handle.net/2429/34959
Peer Review Status: Reviewed
Scholarly Level: Researcher

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