Open Daily: 10am - 10pm | Alley door pickup 10am - 7pm 3038 Hennepin Ave Minneapolis, MN
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  • Open Daily: 10am - 10pm
    Alley-side Pickup: 10am - 7pm

    3038 Hennepin Ave Minneapolis, MN
    612-822-4611

Open Daily: 10am - 10pm | Alley-side Pickup: 10am - 7pm
3038 Hennepin Ave Minneapolis, MN
612-822-4611
Native Liberty, Crown Sovereignty: The Existing Aboriginal Right of Self-Government in Canada

Native Liberty, Crown Sovereignty: The Existing Aboriginal Right of Self-Government in Canada

Clark, Bruce

Paperback

Series: McGill-Queen's Indigenous and Northern Studies, Book 4

Native American HistoryGeneral Law

Currently unavailable to order

ISBN10: 0773509461
ISBN13: 9780773509467
Publisher: McGill-Queen's University Press
Published: Jun 17 1992
Pages: 288
Weight: 1.00
Height: 0.90 Width: 6.00 Depth: 8.90
Language: English

It is generally assumed in Canada that native liberty and crown sovereignty are antagonistic and mutually exclusive forces. In this penetrating study, Bruce Clark shows that they are in fact complementary. The British government exercised its sovereignty in the eighteenth century in order to protect the liberty of the natives of Canada to continue governing themselves. Clark argues that this recognition continues to bind federal and provincial governments constitutionally, even though these governments habitually flout the law in practice.

The cornerstone of Clark's argument is the 1763 Royal Proclamation which forbade non-natives under British authority to molest or disturb any tribe or tribal territory in British North America. Clark contends that this proclamation had legislative force and that, since imperial law on this matter has never been repealed, the right to self-government continues to exist for Canadian natives.

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