Constitutional Identity and the Identity of the People: The Constitutional Conceptualization of Non-Status and Off-Reserve Indigenous Populations in Canada

Hughes, Jula (2018) Constitutional Identity and the Identity of the People: The Constitutional Conceptualization of Non-Status and Off-Reserve Indigenous Populations in Canada. Hungarian Journal of Legal Studies, 59 (4). pp. 321-337. ISSN 2498-5473

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Abstract

Abstract This article focuses on the issue of the relationship between constitutional recognition and constitutional imposition of identity. The Canadian state in its constitutional document describes itself as a liberal democracy governing a pluralist society. It also recognizes Aboriginal rights as constitutive. The first two elements have met with considerable success in terms of aligning state and citizen identity. This suggests that neutral constitutional identities or identities that respect individual diversity can be imposed successfully through the democratic process. However, these are not effective in meeting decolonizing objectives, which must instead be pursued through respecting Indigenous self-governance.

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