| The Canadian state is founded on a history of exclusion of indigenous peoples, made objects of law in the international doctrines which informed the settlers of what is now Canada. Despite ongoing assimilation efforts, indigenous peoples have maintained their cultural and political distinction and continue to fight for the realization of their collective rights within the Canadian state. In adapting to a diverse citizenry, the Canadian state has included multiculturalism and multinationality in its national imaginary and governance structures, yet these models have failed to provide adequate self-determination and constitutional protection for indigenous peoples. While the courts and state have made advancements in articulating aboriginal rights, the focus on recognition as nation and peoples and on the distribution of rights has led to an impasse between the government and indigenous peoples, while indigenous peoples continue to be subjugated to an unjust governance structure. Despite ongoing injustice, the Canadian state can be legitimized if the space to contest the relations of governance is provided and the state is bound by an obligation to negotiate and amend the relationship. |
