Kihci-Asotamâtowin (The Treaty Sovereigns' Sacred Agreements) and The Crown's Constitutional Obligations to Holders of Treaty Rights through Consultation and Restoration of Treaty Constitutionalism.

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Date
2014-08-26Author
Bitternose, Leah
Type
ThesisDegree Level
MastersMetadata
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ABSTRACT
The purpose of this thesis is to assess the Crown’s Constitutional duty of consultation and its application on the holders of Treaty rights. Indigenous legal and Constitutional orders are the underpinning of the consensual Treaties. They were negotiated by sovereign nations through mutual consent and established a distinct Constitutional authority establishing rights, responsibilities and rules of coexistence. Their implementation is a Crown Constitutional obligation. This thesis argues that the duty to consult jurisprudence reveals systemic colonial problems in the common law Treaty rights paradigm by colonial interpretation, unilateral abridgement and justified infringement of the consensual Treaty. Further, judicial and politically created doctrines of the honour of the Crown and reconciliation are rendered meaningless when used as part of the ongoing colonial paradigm and abridgement of Treaties. This thesis argues that Canada must enter a post-colonial era by giving content to Indigenous legal and Constitutional orders by implementing Treaty through Treaty Constitutionalism. This requires Canada to undertake a Constitutional paradigm shift to accord the sacred and inviolable Treaties their proper place as foundational instruments in the building of Canada. This means, as well, that the only forum for proper consultation on the numbered Treaties is through Constitutional conferences with full and equal participation of Treaty First Nations.
Degree
Master of Laws (LL.M.)Department
LawProgram
LawSupervisor
Henderson, James Sakej Y.Committee
Zlotkin, Norman; Newman, Dwight; Von Tigerstrom, Barbara; Coyle, MichaelCopyright Date
April 2014Subject
Kihci-Asotamâtowin
The Treaty Sovereigns' Sacred Agreements
The Crown's Constitutional Obligations
Treaty Rights
Treaty Constitutionalism
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