Aboriginal and Treaty Rights in Canada: Essays on Law, Equality, and Respect for Difference

David Mardiros is a lawyer and anthropological consultant in Kars,
Ontario.

The eight essays in this volume address a wide variety of issues having
to do with law and policy related to aboriginal and treaty rights.

Several essays focus on the different cultural perspectives of the
aboriginal and nonaboriginal parties in the treaty-making process. Some
authors emphasize the need for a greater appreciation of both the
cultural context of aboriginal decision-making and the oral histories of
the aboriginal parties. Emma LaRocque sounds a cautionary note in her
paper on culturally appropriate models of criminal justice, in which she
points out that Native communities as a whole may suffer if programs
instituted under the guise of self-government are accepted without a
critical look at practices that are alleged to reflect “traditional”
values. Such programs may benefit one group—male-dominated band
councils, for example—and fail to protect more vulnerable members of
Native communities, such as women and children.

Other essays focus on historical and theoretical issues relating to
aboriginal title. In “Affirming Aboriginal Title,” Asch and Zlotkin
argue that recognition of aboriginal title as the underlying title
(rather than as a “burden” on the underlying title of the Crown, as
per current legal theory) would reflect the historical fact of
aboriginal peoples’ presence on the land and help to build a more
equitable future for indigenous people in Canada; how this proposition
could succeed in the current political climate is not addressed.

Representing a broad range of disciplines and geographic regions, this
useful reference provides much food for thought.