|Present||Distinguished Research Professor, Osgoode Hall Law School of York University|
|Present||Fellow of the Royal Society of Canada, Osgoode Hall Law School of York University|
|Present||Professor of Law, Osgoode Hall Law School of York University|
Ancestral Lands, Alien Laws: Judicial Perspectives on Aboriginal Title Books (1983)
This monograph examines critically the various ways in which Commonwealth and American judges have dealt with the issue of the land rights of Aboriginal peoples in the past. It devotes particular attention to the doctrine ...
Working Papers (1)
The Tragedy and Promise of Self-Determination Yale Law Journal (2020)
The principle of self-determination, like Janus, has two faces: negative and positive. Often understood as enabling the fracture of states into national components, the principle is better seen as facilitating the creation of multinational frameworks ...
The Constitutional Dimensions of Aboriginal Title The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference (2015)
As the Supreme Court reaffirms in Tsilhqot’in Nation v. British Columbia (2014), Aboriginal title is a sui generis right which cannot be described in traditional property terms. This article argues that the explanation for this ...
The Aboriginal Constitution The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference (2014)
In Manitoba Metis Federation, the Supreme Court of Canada makes a valuable contribution to our understanding of Aboriginal law, building on the foundations laid down in the Haida Nation case. It identifies three major pillars ...
Freedom of Expression and Location: Are There Constitutional Dead Zones? The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference (2010)
Does the guarantee of freedom of expression in section 2(b) of the Charter cover all locations without exception, or do some fall beyond its scope? the Supreme Court of Canada first dealt with this issue ...
The Generative Structure of Aboriginal Rights Supreme Court Law Review (2d). Volume 38 (2007), p. 595-628. (2007)
Are aboriginal rights historical rights -- rights that gained their basic form in the distant past? Or are they generative rights -- rights that, although rooted in the past, have the capacity to renew themselves, ...
The Metamorphosis of Aboriginal Title Canadian Bar Review. Volume 85, Number 2 (2006), p. 255-286. (2006)
Aboriginal title has undergone a significant transformation from the colonial era to the present day. In colonial times, aboriginal title was governed by Principles of Recognition based on ancient relations between the Crown and Indigenous ...
Aboriginal Rights and the Honour of the Crown The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference (2005)
When the Supreme Court first grasped the nettle of section 35 in the Sparrow case, it held that the constitutional affirmation of Aboriginal rights should be interpreted in the light of the fundamental principle of ...
Making Sense of Aboriginal and Treaty Rights Canadian Bar Review. Volume 79, Number 2 (2000), p. 196-224. (2000)
This paper proposes a basic framework for understanding the decisions of the Supreme Court of Canada relating to aboriginal and treaty rights. It argues that the foundations of these rights lie in the common law ...
The Organic Constitution: Aboriginal Peoples and the Evolution of Canada Osgoode Hall Law Journal (1996)
Despite recent advances in the law of aboriginal rights, most Canadian lawyers still tacitly view the Constitution as the outgrowth of European legal traditions, transplanted into North America. This article identifies the main features of ...
First Nations and the Constitution: A Question of Trust Canadian Bar Review. Volume 71, Number 2 (1992), p. 261-293. (1992)
This article argues that the fiduciary relationship between Aboriginal peoples and the Crown is a special instance of a general doctrine of collective trust that animates the Canadian Constitution as a whole. This doctrine sheds ...
Aboriginal Sovereignty and Imperial Claims Osgoode Hall Law Journal (1991)
It is commonly assumed that Indigenous American nations had neither sovereignty in international law nor title to their territories when Europeans first arrived; North America was legally vacant and European powers could gain title to ...