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Part III Indigenous Peoples and the Canadian Constitution, A Indigenous Sovereignty, Ch.13 Contending Sovereignties

Jeremy Webber

From: The Oxford Handbook of the Canadian Constitution

Edited By: Peter Oliver, Patrick Macklem, Nathalie Des Rosiers

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 29 September 2022

This chapter examines the manner in which questions of sovereignty have arisen in relation to the Indigenous dimensions of the Canadian Constitution. After a brief discussion of the foundation of Indigenous rights in the Canadian Constitution, it reviews the debate over whether Indigenous peoples possess an inherent right of self-government and the treatment of that demand in constitutional negotiations and before the courts. It explores the ways in which Indigenous ‘sovereignty’ has been discussed by the courts and, in one striking instance, by the BC legislature. And it examines the various meanings attached to ‘sovereignty’, determining which ones are in issue in Indigenous/non-Indigenous relations in Canada.

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