The current framework for reconciliation between Indigenous peoples
and the Canadian state is based on the Supreme Court of Canada's
acceptance of the Crown's assertion of sovereignty, legislative
power, and underlying title. The basis of this assertion is a
long-standing interpretation of Section 91(24) of Canada's
Constitution, which reads it as a plenary grant of power over
Indigenous communities and their lands, leading the courts to
simply bypass the question of the inherent right of
self-government. In A Reconciliation without Recollection?, Joshua
Ben David Nichols argues that if we are to find a meaningful path
toward reconciliation, we will need to address the history of
sovereignty without assuming its foundations. Exposing the
limitations of the current model, Nichols carefully examines the
lines of descent and association that underlie the legal
conceptualization of the Aboriginal right to govern. Blending legal
analysis with insights drawn from political theory and philosophy,
A Reconciliation without Recollection? is an ambitious and timely
intervention into one of the most pressing concerns in Canada.
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