Abstract/Details

Aboriginal self-determination: Accommodation and protection under Canadian constitutional law

Dalton, Jennifer E.   York University (Canada) ProQuest Dissertations Publishing,  2006. MR19712.

Abstract (summary)

This thesis centres on the constitutional right of Aboriginal self-determination in the Canadian context. It seeks to answer the following question: How does and should Canadian constitutional law accommodate and protect Aboriginal self-determination? It is argued that the right of Aboriginal self-determination within the Canadian context is necessary in order to rectify the history of injustice faced by Aboriginal peoples and in order to acknowledge the right of Aboriginal peoples to control their own lives.

In seeking answers to the above question, legal analyses of constitutional recognition and protection of Aboriginal self-determination in Canada, along with international legal analyses of Indigenous self-determination, are undertaken. An analysis of whether Aboriginal peoples constitute "peoples" or "minorities" is related to the potential extent of the right of Aboriginal self-determination. This, in turn, holds importance in assessing which Aboriginal communities in Canada constitute peoples with a right of self-determination.

Indexing (details)


Subject
Law;
Native studies;
Native North Americans;
Native American studies
Classification
0398: Law
0740: Native American studies
Identifier / keyword
Social sciences
Title
Aboriginal self-determination: Accommodation and protection under Canadian constitutional law
Author
Dalton, Jennifer E.
Number of pages
151
Degree date
2006
School code
0267
Source
MAI 45/02M, Masters Abstracts International
Place of publication
Ann Arbor
Country of publication
United States
ISBN
978-0-494-19712-7
University/institution
York University (Canada)
University location
Canada -- Ontario, CA
Degree
LL.M.
Source type
Dissertation or Thesis
Language
English
Document type
Dissertation/Thesis
Dissertation/thesis number
MR19712
ProQuest document ID
304984038
Copyright
Database copyright ProQuest LLC; ProQuest does not claim copyright in the individual underlying works.
Document URL
https://www.proquest.com/docview/304984038