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 Johnny MackDroit Documents |
Projet de recherche Indigenous constitutional orders: in tension between competing imperatives Indigenous nations in Canada find themselves under a great deal of pressure to restructure their governments under a written constitution. This pressure, combined with the state’s insistence that Indigenous constitutions accord with the principles of a western liberal democracy, has created a dilemma for Indigenous communities that desire both self-government and cultural preservation. Indigenous Nations want to assume control of their governance and be free from the Indian Act, but self-governance will only be recognized by Canada if it operates under a constitutional document that it approves. Therefore, the constitutions being drafted are often tailored to sedate external suspicions—internal culturally specific considerations are expressed only to the extent that they are palatable to the mainstream political consciousness. It is on this dynamic that I intend to focus my LLM research, and will likely be presenting on at the conference. Specifically, I will explore the tensions between Indigenous people’s competing imperatives of living under a constitutional order that flows from and is responsive to their own worldview and their need to be organized under a governing regime that is acceptable to the Canadian and British Columbian governments. |
