A reconciliation without recollection?: an investigation of the foundations of Aboriginal law in Canada

• Introduction

Part 1 - Reconciliation without Recollection

• 1.1 Reconciliation in Canadian Jurisprudence
• 1.2 Reconciliation as Picture Thinking
  • A) Historicism
  • B) The Ship of State
• 1.3 History, Law, and Legitimacy
• 1.4 Problem of Reconciliation as Problem of Foundations
• 1.5 A Genealogy of the Indian Act

Part 2 - A Genealogy of Reconciliation: Civilizing, Extinction, and Culturalism as the Discursive Foundations of the Indian Act

• 2.1 Liberty and Legitimate Despotism: The Liberal-Imperialism of J.S. Mill
• 2.2 The Science of Savage Character: The Uncivilized and Mill’s Philosophy of History
  • A) Governing the Uncivilized: The Role of the Intermediate Body
  • B) Peace, Order, and Good Government: Mill and the Indian Question
• 2.3 Reading the Right of History: Universal History and the Extinction Thesis
• 2.4 From Enfranchisement to Reconciliation: Culturalism and Indirect Rule

Part 3 - A Despotism for Dealing with Barbarians: A Survey of the Foundations of Indian Policy in Canada

• 3.1 Pre-Confederation to the Indian Act of 1876
  • A) Imperial Federalism
  • B) Imperial Civilizing
  • C) Assimilation and Indirect Rule
  • D) Striation or Continuity?
• 3.2 The Indian Question and the Dominion
• 3.3 The Six Nations Status Case
  • A) The Six Nations of the Grand River
  • B) The League of Nations and the Mandate System
  • C) The Documents
• 3.4 A Building Crisis of Legitimacy

Part 4 - A Law without Measure for a Land without Citizens: The Indian Act in Canadian Jurisprudence

• 4.1 The Authority of s.91(24)
  • A) St Catherine’s Milling, s.91(24), and the Division of Powers
  • B) Interjurisdictional Immunity and s.91(24)
  • C) The Theory of Enclaves
  • D) The Uncertain Measure of Indianness
  • E) Section 88 and Provincial Law
• 4.2 The Definition of Indians and the Authority of Bands                                         
  • A) Legislative Origins
  • B) The Judicial Definition of Indians
  • C) The Judicial Definition of Bands
  • D) Custom Band Councils and the Question of Jurisdiction
• 4.3 Tsilhqot'in Nation and the Meaning of s.91(24)

Part 5 An Era of Reconciliation, An Era of Indirect Rule: From the White Paper to the Full Box of Rights 

• 5.1 The Hidden Player: Policy from Calder to the Indian Act, 1985
  • A) Line One: Legislative Renovation
  • B) Line Two: Land Claim Agreements
  • C) Line Three: Constitutional Change
  • D) The Penner Report
  • E) The Problem of Implementing the New Relationship
  • F) The Era of Indirect Rule and the Mechanism of Deferral
• 5.2 Reconciliation and Implementation
  • A) Unsettling the Ship of State
  • B) Recollection without Historicism
  • C) Implementing Reconciliation-with-Recollection
• Select Bibliography
• Index