Canadian Native Law Reporter

Judicial Tales Retold: Reimagining Indigenous Rights Jurisprudence

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$65.00 (digital PDF)
$90.00 (softcover)

ISSN 0225-2279 (Print)
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ISSN 2564-078X (PDF)
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2021 212 p.

This special edition of the Canadian Native Law Reporter (“[2020] CNLR Special Edition”) features rewritten decisions of the Supreme Court of Canada, now reimagined and issued from the “Indigenous Nations Court”. The creation of the fictitious Indigenous Nations Court stems from years of frustration felt by Indigenous peoples with the Supreme Court of Canada decisions written by judges who, due to their backgrounds and training in Canadian law, do not have sufficient understanding of the history and contemporary experiences of Indigenous peoples and the importance of having their jurisdiction and legal orders respected. To respond to such concerns, the Indigenous Nations Court is comprised of individuals felt to possess such knowledge.

[2020] CNLR Special Edition brings together an impressive and diverse range of Aboriginal rights scholars, some very senior and others in early or mid-career. The authors are not judges, nor are these actual court decisions. Rather, they are intended to stimulate thought and provoke discussion. In reasoning for acknowledgment and application of Indigenous sovereignty, jurisdiction, and law, these cases serve as a means to “disrupt” current thinking around section 35 Aboriginal rights and reimagine how leading Supreme Court of Canada cases involving Indigenous peoples could have been decided.

Table of Contents

Contributors
Index to Subject Matter
Foreword written by Shain Niniwum Selapem Jackson
Introduction
Cases Reported

  • Manitoba Métis Federation v Canada (Attorney General) written by Darren O’Toole
  • NIL/TU,O and Native Child v BCGSEU and CEPUC written by Naiomi Metallic
  • R v Marshall-Bernard written by James Sa’ke’j Youngblood Henderson
  • R v Pamajewon written by Karen Drake
  • R v Sparrow written by Kent McNeil
  • Reference re Haida Nation v British Columbia (Minister of Forests) written by Janna Promislow
  • Reference re R v Powley written by Kerry Sloan
  • Reference re Racine v Woods written by Hadley Friedland
  • Tŝilhqot’in Nation v British Columbia written by Felix Hoehn