Freedom and Indigenous Constitutionalism

by John Borrows

Indigenous traditions can be uplifting, positive, and liberating forces when they are connected to living systems of thought and practice. Problems arise when they are treated as timeless models of unchanging truth that require unwavering deference and unquestioning obedience. Freedom and Indigenous Constitutionalism celebrates the emancipatory potential of Indigenous traditions, considers their value as the basis for good laws and good lives, and critiques the failure of Canadian constitutional traditions to recognize their significance. Demonstrating how Canada's constitutional structures marginalize Indigenous peoples' ability to exercise power in the real world, John Borrows uses Ojibwe law, stories, and principles to suggest alternative ways in which Indigenous peoples can work to enhance freedom. Among the stimulating issues he approaches are the democratic potential of civil disobedience, the hazards of applying originalism rather than living tree jurisprudence in the interpretation of Aboriginal and treaty rights, American legislative actions that could also animate Indigenous self-determination in Canada, and the opportunity for Indigenous governmental action to address violence against women.

Genres: Indigenous, Nonfiction

384 pages, Paperback

Published April 8, 2016

Reviews

[Ben · Rating 4 out of 5]

Freedom

I really enjoyed this book.
A great Indigenous law book.

A timely read, as I read it on The National Day for Truth and Reconciliation, Sept. 30.

Would recommend!

4.6/5

[Daniel · Rating 5 out of 5]

It took me a long time to get into this one even though it is about one of the topics I'm most interested in. It's a well written, deeply pragmatic book which I would say is probably equally useful to read as a cookbook chapter by chapter vs as a whole. I wish it was a bit longer. Will be looking to see what else Borrows has written about democracy and leadership.

[Maryam · Rating 5 out of 5]

Borrows provides a very illuminating and philosophical read with regards to ways in which Canadian constitutionalism and politics can continue to be shaped by Indigenous political frameworks for further mobility and self-determination. His desire for harmonization is written in a balanced and informed manner and I learned a lot from this book. The use of comparative examples between Canadian and American frameworks was particularly interesting!

The seamlessness of his writing does a great service to the multivalent aspects found within his text which includes case studies, theorizing hypothetical approaches between avenues using treaties vs rights, and embedded Indigenous storytelling.

[Xen Virtue · Rating 5 out of 5]

Borrows' intense desire for balance and the consideration of multiple perspectives and stories permeates the entirety of this text. Filled with case studies from Canada and the United States and Anishinaabe stories, this work carefully considers how solutions to problems in indigenous communities can be effective or unhelpful depending on the context. This focus on a balanced approach makes the reading long but satisfying. I learned a lot from this book and it was very interesting to see how effective storytelling could be in considering legal concepts.