On Being Here to Stay: Treaties and Aboriginal Rights in Canada
Subject
: Native peoples – Legal status, laws, Canada, Native peoples –
Canada – Government relations.
Publisher
: University of Toronto Press
Summary :I started out to write a book that would need little further research. It
was to be a book that put in one place a position on the political relationship
between Indigenous peoples and the Canadian state that I had
been developing for thirty years and more. But that is not the book I
have written.
The first four chapters did go as planned. They are largely a rendering
of key features of my argument on the theme just mentioned. But
beginning with the fifth chapter, I embarked on an adventure that led
me to include information of which I was already knowledgeable but
never thought would be relevant, as well as information that was entirely
new, at least to me. That is the manuscript I presented to the
University of Toronto Press. Here is what happened.
The position I have long held rests on the principle, as confirmed in
the 1960 United Nations Declaration on the Granting of Independence to
Colonial Countries and Peoples (or simply the Declaration on De-
Colonization), to which Canada is a signatory, that, at least with respect
to colonized peoples, it is wrong legally as well as morally to move onto
lands belonging to others without first obtaining their permission. The
centrepiece of my approach to reconciling this principle with the fact that
Canada is on lands that belong to Indigenous peoples was to determine
what permission from them might entail; and to that end I chose to look
in particular at what Indigenous peoples today explain are the terms of
treaties made with the Crown in the past that permitted settlement on
their lands. I had no intention to delve into whether there had been
agreement on these terms in the past. Rather, I reasoned that, whether or
not such agreement had existed when the treaties were negotiated, the
terms of these treaties, as Indigenous peoples present them today, serve as a proxy (by which I also mean an approximation) for what would be
their position on the terms of an arrangement with the state were Canada
now seeking to act in compliance with the UN Declaration.
Copies :
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