Native Liberty, Crown Sovereignty - The Existing Aboriginal Right of Self-Government in Canada Volume 4

It is generally assumed in Canada that native liberty and crown sovereignty are antagonistic and mutually exclusive forces. In this penetrating study, Bruce Clark shows that they are in fact complementary. The British government exercised its sovereignty in the eighteenth century in order to protect the liberty of the natives of Canada to continue governing themselves. Clark argues that this recognition continues to bind federal and provincial governments constitutionally, even though these governments habitually flout the law in practice.

About the author

Bruce Clark

Summary

The cornerstone of Clark's argument is the 1763 Royal Proclamation which forbade non-natives under British authority to molest or disturb any tribe or tribal territory in British North America. Clark contends that this proclamation had legislative force and that, since imperial law on this matter has never been repealed, the right to self-government continues to exist for Canadian natives.

Product details

• Authors: Bruce Clark
• Publisher: Mcgill-Queen's University Press
• Languages: English
• Product format: Paperback / Softback
• Released: 17.06.1992
• EAN: 9780773509467
• ISBN: 978-0-7735-0946-7
• No. of pages: 288
• Dimensions: 152 mm x 229 mm x 20 mm
• Weight: 440 g
• Series: McGill-Queen's Native and Northern Series; McGill-Queen's Native and Nort; McGill-Queen's Native and Northern Series; McGill-Queen's Native and Nort; McGill-Queen's Indigenous and
• Subjects: Non-fiction book > History > Miscellaneous; Social sciences, law, business > Sociology > Sociological theories