Treaty Federalism: Blog (External Website)

Click the button below to view the website which outlines the concept of Treaty Federalism in the Canadian Aboriginal law context.


Sources

Articles:  

Bruce Ryder, “The Demise and Rise of the Classical Paradigm in Canadian Federalism: Promoting Autonomy for the Provinces and First Nations” (1991) McGill LJ 308.  

James Sákéj Youngblood Henderson, “Empowering Treaty Federalism” (1994) 58 Sask L Rev 241. 

John Borrows, “Canada’s Colonial Constitution,” in The Right Relationship, Reimagining the Implementation of Historical Treaties, John Borrows and Michael Coyle eds. (University of Toronto Press: Toronto, 2017).   

John Borrows, “Wampum at Niagara: The Royal Proclamation, Canadian Legal History, and Self-Government” in Asche & Michael, Aboriginal and Treaty Rights in CanadaEssays on Law, Equity, and Respect for Difference (Vancouver: UBC Press, 1994).  

Michael Asch, "UNDRIP, Treaty Federalism, and Self-Determination" (2019) 24:1 Rev Const Stud 1. 

Case Law: 

Tsilhqot’in v British Columbia, 2014 SCC 44.  

Ben Foster is from Richmond, British Columbia. Ben studied political science at the University of British Columbia and is working towards a JD from Dalhousie University’s Schulich School of Law with a specialization in Aboriginal and Indigenous Law. Ben co-founded the Dalhousie Public Policy and Law Society, was an editor for the Dalhousie Law Journal, and has worked in the Senate of Canada and the British Columbia legislature. He will be clerking at the Tax Court of Canada after finishing his JD.