DSpace Repository

Indigenous Blockades and the Power to Speak the Law: From Settler Colonialism to Indigenous Resurgence

Indigenous Blockades and the Power to Speak the Law: From Settler Colonialism to Indigenous Resurgence

Show full item record

Title: Indigenous Blockades and the Power to Speak the Law: From Settler Colonialism to Indigenous Resurgence
Author: Albinati, Christopher Eric Jon
Abstract: This thesis traces tensions between pluralism, elimination and resistance in the centuries-old narrative underlying the uncertain legal foundations of Crown sovereignty in the territory now known as Canada. The first half of the work applies the emerging literature of settler colonialism to a close reading of a selection of leading scholarship on Aboriginal rights jurisprudence to identify whether the Canadian courts are reproducing elements of settler colonialism in their decisions. The second half of this work draws on the literature of Indigenous resurgence, blockades, jurisdiction and the rule of law to construct a framework for examining juridical sites where conflicting assertions of Indigenous and settler colonial authority are a dispositive issue. This framework is used to analyze a selection of leading Indigenous blockades cases as a way of further understanding the challenges that courts and Indigenous peoples face in seeking to decolonize law and restore a pluralistic legal order.
Keywords: Law
Indigenous Law
Aboriginal Law
Aboriginal Jurisprudence
Settler Colonialism
Indigenous Resurgence
Indigenous Peoples
Aboriginal Peoples
Jurisdiction
Blockades
Direct Action
Resistance
Rule of Law
Environmental Justice
Canada
Canadian Law
Type: Electronic Thesis or Dissertation
Rights: Author owns copyright, except where explicitly noted. Please contact the author directly with licensing requests.
URI: http://hdl.handle.net/10315/33553
Supervisor: Scott, Dayna N.
Degree: LLM - Master of Laws
Program: Law
Exam date: 2017-03-17
Publish on: 2017-07-27

Files in this item



This item appears in the following Collection(s)