From aboriginality to governmentality : the meaning of section 35(1) and the power of legal discourse

• Main Author: Hannigan, David
• Format: Text
• Language: unknown
• Published: Allard Research Commons 2009
• Subjects: Constitutional law > Canada; First Nations > Canada > Legal status; laws; etc.; First Nations > Legal status; etc. > Canada; First Nations > Canada > Government relations; Canada. Constitution Act; 1982; British Columbia; Canada; First Nations
• Online Access: https://commons.allard.ubc.ca/theses/104; https://open.library.ubc.ca/cIRcle/collections/ubctheses/24/items/1.0077446

This thesis examines recent doctrinal developments regarding the aboriginal and treaty rights which are recognised and affirmed in s.35(l) of the Constitution Act, 1982. Specifically, it explores how the meaning of such rights is being constituted by diverse relations of power operating within speci...