Law and Indigenous Religion: Theorizing a Complex Relationship

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dc.contributor.advisorBerger, Benjamin L.
dc.contributor.authorLewis, Kristen Elizabeth
dc.date.accessioned2022-12-14T16:31:03Z
dc.date.available2022-12-14T16:31:03Z
dc.date.copyright2022-08-03
dc.date.issued2022-12-14
dc.date.updated2022-12-14T16:31:03Z
dc.degree.disciplineLaw
dc.degree.levelMaster's
dc.degree.nameLLM - Master of Laws
dc.description.abstractThis thesis asks what preconditions are necessary to think the relation between law and Indigenous religion without marginalizing perspectives, such as those germane to Indigenous religion, that fall outside law’s frame (often figured, erroneously, as ‘objective’ and ‘neutral’). The research grounds itself in the only Supreme Court of Canada case that, to date, has involved Indigenous religious freedoms and s. 2(a) of the Canadian Charter of Rights and Freedoms (Ktunaxa Nation v British Columbia 2017 SCC) and in the very few lower court decisions that have followed in its not-unproblematic wake. Inspired by several currents of both Indigenous thought and non-Indigenous critical-theoretical work, I advance an approach that imagines law and the stories it tells as deeply entangled, inevitably, with land. Applying this framework to the context of Canadian constitutional law’s encounters with Indigenous religion, I argue that for law to understand what is at stake in Indigenous religious freedoms claims, it must transcend its habit of seeing the world in ways that perpetuate a division between objects and beliefs. Law might thereby open to the perspective, prevalent across Indigenous worldviews, that selves and world are not as separable as Canadian constitutional law’s current religious freedoms framework suggests.
dc.identifier.urihttp://hdl.handle.net/10315/40695
dc.languageen
dc.rightsAuthor owns copyright, except where explicitly noted. Please contact the author directly with licensing requests.
dc.subjectLaw
dc.subjectReligion
dc.subjectNative American studies
dc.subject.keywordsLaw
dc.subject.keywordsIndigenous religion
dc.subject.keywordsS. 2 (a) Canadian Charter of Rights and Freedoms
dc.subject.keywordsKtunaxa Nation
dc.subject.keywordsNew materialism
dc.subject.keywordsLegal theory
dc.titleLaw and Indigenous Religion: Theorizing a Complex Relationship
dc.typeElectronic Thesis or Dissertation

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