Feb. 6, 2020
Professor published in special issue of Review of Constitutional Studies
Professor Robert Hamilton has published an article in the special issue on Treaty Federalism.
Robert's article, " Indigenous Peoples and Interstitial Federalism in Canada," explicitly considers the relationship between Indigenous peoples and Canadian governments from the perspective of federalism. It does so by emphasizing the interstitial character of federalism. This articulation serves two functions. First, it recognizes the myriad ways that Indigenous peoples exercise jurisdiction as being constitutive of federalism in Canada. That is, it offers a way of re-describing existing practices of governance in Canada in order to shed light on their federal character. Second, this approach offers a view of how constitutional change can occur moving forward, providing a critique of conceptions of federalism that cement a constitutional order that has historically marginalized Indigenous practices of governance. Lastly, it suggests avenues for the development of a federalism that can support Indigenous self-determination.
The papers in the special issue of the journal, which were delivered at a Workshop held at the University of Alberta in May 2019, explore ‘treaty federalism’ which is a re-imagining of what we understand as sovereignty and the foundation of the Canadian state.