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      • Graduate Theses and Dissertations
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      • HARVEST
      • Electronic Theses and Dissertations
      • Graduate Theses and Dissertations
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      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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      BITTERNOSE-THESIS.pdf (1.420Mb)
      Date
      2014-08-26
      Author
      Bitternose, Leah
      Type
      Thesis
      Degree Level
      Masters
      Metadata
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      Abstract
      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
      Law
      Program
      Law
      Supervisor
      Henderson, James Sakej Y.
      Committee
      Zlotkin, Norman; Newman, Dwight; Von Tigerstrom, Barbara; Coyle, Michael
      Copyright Date
      April 2014
      URI
      http://hdl.handle.net/10388/ETD-2014-04-1536
      Subject
      Kihci-Asotamâtowin
      The Treaty Sovereigns' Sacred Agreements
      The Crown's Constitutional Obligations
      Treaty Rights
      Treaty Constitutionalism
      Collections
      • Graduate Theses and Dissertations

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