The Right Relationship

John Borrows is a professor of law and Canada Research Chair in Indigenous Law at the University of Victoria Law School. Michael Coyle is an associate professor and Director of Graduate Programs in the Faculty of Law at Western University. He has over twenty-five years of experience in mediating disputes between the Crown and First Nations.

Acknowledgements

Introduction

PART I. TREATY REMEDIES – HOW SHOULD HISTORY SHAPE THE LAW?

Canada’s Colonial Constitution
JOHN BORROWS

As Long as the Sun Shines: Recognizing that Treaties were Intended to Last
MICHAEL COYLE

Indigenous Rights Litigation, Legal History, and yhe Role of Experts
KENT MCNEIL

Bargains Made in Bad Times: How Principles from Modern Treaties can Reinvigorate Historic Treaties
JULIE JAI

Who Calls the Shots? Balancing Individual and Collective Interests in The Assertion of Aboriginal and Treaty Harvesting Rights
FRANCESCA ALLODI-ROSS

Negotiating Self-Government Over & Over & Over Again: Interpreting Contemporary Treaties
SARI GRABEN & MATTHEW MEHAFFY

PART II. THE ROLE OF INDIGENOUS LEGAL ORDERS: TREATY RIGHTS OR RIGHT RELATIONSHIPS?

Rights and Remedies Within Common Law and Indigenous Legal Traditions: Can the Covenant Chain be Judicially Enforced Today?
MARK D. WALTERS

What is a Treaty? On Contract and Mutual Aid
AARON MILLS

Changing the Treaty Question: Remedying the Right(S) Relationship
HEIDI KIIWETINEPINESIIK STARK

(Re)Defining "Good Faith" Through Snuw’uyulh
SARAH MORALES

PART III. "FITTING THE FORUM TO THE FUSS" – RE-EXAMINING THE FORUMS IN WHICH TREATY DISPUTES ARE ADDRESSED

A Treaty in Another Context: Creating Reimagined Treaty Relationships in Aotearoa New Zealand
JACINTA RURU

Nanabush, Lon Fuller and Historical Treaties: The Potentialities and Limits of Adjudication
JEAN LECLAIR

Treaties and The Emancipatory Potential of International Law
SARA L. SECK