The Organic Constitution: Aboriginal Peoples and the Evolution of Canada

(1995) 34 Osgoode Hall Law Journal 101-12

12 Pages Posted: 10 Mar 2010 Last revised: 6 Mar 2019

See all articles by Brian Slattery

Brian Slattery

York University - Osgoode Hall Law School

Date Written: 1995

Abstract

Despite recent advances in 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 this model of the Constitution and proposes a more appropriate model to replace it, one that recognizes the Constitution’s deep roots in Canadian history and traditions and that acknowledges the distinctive contributions of Aboriginal peoples and their long-standing relations with the Crown.

Keywords: Canadian Constitution, Aboriginal rights, Imperial model, Organic model

Suggested Citation

Slattery, Brian, The Organic Constitution: Aboriginal Peoples and the Evolution of Canada (1995). (1995) 34 Osgoode Hall Law Journal 101-12, Available at SSRN: https://ssrn.com/abstract=1567564

Brian Slattery (Contact Author)

York University - Osgoode Hall Law School ( email )

4700 Keele Street
Toronto, Ontario M3J 1P3
Canada

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