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Standoff : why reconciliation fails Indigenous people and how to fix it

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  • Author: McIvor, Bruce
    Date:
    Created
    2021
    Summary:

    Faced with a constant stream of news reports of standoffs and confrontations, Canada's "reconciliation project" has obviously gone off the rails. In this series of concise and thoughtful essays, lawyer and historian Bruce McIvor explains why reconciliation with Indigenous peoples is failing and what needs to be done to fix it. Widely known as a passionate advocate for Indigenous rights, McIvor reports from the front lines of legal and political disputes that have gripped the nation. From Wet'suwet'en opposition to a pipeline in northern British Columbia, to Mi'kmaw exercising their fishing rights in Nova Scotia, McIvor has been actively involved in advising First Nation clients, fielding industry and non-Indigenous opposition to true reconciliation, and explaining to government officials why their policies are failing. McIvor's essays are honest and heartfelt. In clear, plain language he explains the historical and social forces that underpin the development of Indigenous law, criticizes the current legal shortcomings and charts a practical, principled way forward. By weaving in personal stories of growing up Métis on the fringes of the Peguis First Nation in Manitoba and representing First Nations in court and negotiations, McIvor brings to life the human side of the law and politics surrounding Indigenous peoples' ongoing struggle for fairness and justice. His writing covers many of the most important issues that have become part of a national dialogue, including systemic racism, treaty rights, violence against Indigenous people, Métis identity, the United Nations Declaration on the Rights of Indigenous People (UNDRIP) and the duty to consult. McIvor's message is consistent and powerful: if Canadians are brave enough to confront the reality of the country's colonialist past and present and insist that politicians replace empty promises with concrete, meaningful change, there is a realistic path forward based on respect, recognition and the implementation of Indigenous rights.

    Contents:
    • Intro
    • Half Title Page
    • Title Page
    • Copyright
    • Dedication
    • Table of Contents
    • Preface
    • Acknowledgements
    • Residential Schools and Reconciliation: A Canada Day Proposal
    • The Doctrine of Discovery
    • A Long Shadow
    • Repudiate the Doctrine of Discovery
    • Negotiate or Litigate?
    • Who Are the "aboriginal peoples of Canada"?
    • Why It Matters
    • Indigenous Identity and Canadian Law: A Personal Journey
    • A New Legal Remedy for Indigenous People
    • Why It Matters
    • What Does the Daniels Decision Mean?
    • What the Court Said
    • What the Court Did Not Say
    • Why It Matters How to Fulfill the Duty to Consult
    • Duty to Consult Is Not Public Consultation
    • Minimum Requirements
    • Consultation Plus
    • Consent-Based Reconciliation
    • The Piecemeal Infringement of Treaty Rights
    • Why It Matters
    • The Duty to Consult-A Second-Best Alternative
    • Enge v. Mandeville et al., 2013 NWTSC 33
    • R. v. Hirsekorn, 2013 ABCA 242
    • Why It Matters
    • Columbus's Ghost: Past Infringements and the Duty to Consult
    • Why It Matters
    • The Groundhog Day Conundrum
    • What the Court Said
    • Why It Matters
    • Breathing Life Back into the Duty to Consult
    • What the Court Said Why It Matters
    • The Duty to Consult-A Roadblock to Direct Action
    • Behn v. Moulton Contracting Ltd., 2013 SCC 26
    • What the Court Said
    • Why It Matters
    • The Duty to Consult as an Ongoing Obligation
    • Why It Matters
    • The Age of Recognition: The Significance of the Tsilhqot'in Decision
    • Treaties-The Jig Is Up
    • Provinces Burdened with Fulfilling Treaty Promises
    • Environmental Assessments and the Duty to Consult
    • Is the Duty to Consult Clear as Mud?
    • Implications of the Tsilhqot'in Decision
    • Canada's Misguided Land Claims Policy
    • Colonization as Reconciliation Extinguishment Is Not the Answer
    • Canada's Flawed Approach
    • Reconciliation Based on Recognition
    • The Duty to Consult-A Narrow Vision
    • Why It Matters
    • Good News for the Duty to Consult
    • Skip Ahead If Case Law Bores You
    • Back to the Interesting Stuff
    • Court Decisions Referred To
    • The Duty to Consult at the Supreme Court in 2017
    • Delegation
    • Delegation Principles
    • Implications
    • Accommodation
    • Accommodation and Administrative Tribunals
    • Accommodation and Balancing of Interests
    • Reasonableness and Accommodation
    • Existing Infringements
    • Environmental Assessments Remedy
    • Summing Up
    • Change of Direction Required: Mikisew Cree First Nation v. Canada
    • What It's About
    • What the Court Said
    • The Majority
    • The Dissent
    • Why It Matters
    • Saving the Specific Claims Tribunal: Williams Lake Indian Band v. Canada (2018)
    • Background on Specific Claims
    • What It's About
    • Treaties at Risk: The Fort McKay First Nation
    • Why It Matters
    • A Pipeline Too Far: The Problem with the Duty to Consult
    • Reconciliation at the End of a Gun: The Wet'suwet'en and the RCMP
    • The Wet'suwet'en, Aboriginal Title and the Rule of Law: An Explainer
    Original Publisher: Gibsons, British Columbia, Nightwood Editions
    Language(s): English
    ISBN: 9780889714212, 0889714215
    Collection(s)/Series: First Nation Communities Read 2022