Ghost dancing with colonialism
Subtitle: decolonization and indigenous rights at the Supreme Court of Canada
By: Grace Li Xiu Woo
Series: Law and society; Law and society series (Vancouver, B.C.)
Publisher: University of British Columbia Press
Published: 2011
Place of publication: Vancouver, BC
Language: eng
Number of pages: 338
ISBN-13: 9780774818872
Subjects: Canada; Canada. Supreme Court; Autochtones; Government relations; Native peoples; Canada. Cour suprême; Impérialisme; Droit; Relations avec l'État; Imperialism; Legal status, laws
Description: "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. During the twentieth century, international law formally rejected the conquest model. However, despite the best intentions of lawyers and judges, the beliefs and practices of the colonial age continue to haunt Supreme Court of Canada rulings concerning Indigenous rights. The binary analysis applied in Ghost Dancing with Colonialism casts explanatory light on ongoing tensions between Canada and Indigenous peoples, suggesting new ways to bridge the cultural divide and arrive at a truly postcolonial justice system"--Provided by publisher.
Notes: Includes bibliographical references (p. [313]-316) and indexes.
Table of contents: title: Anomalies; title: Conceptual structures; title: Colonial and postcolonial legality; title: Methodology; title: Internal architecture of the Court's reasoning; title: Trends and dance tunes; title: Can the Court become postcolonial.