'Our Native peoples': The illegitimacy of Canadian citizenship and the Canadian Federation for the Aboriginal Peoples.

摘要

It is often assumed that because Aboriginal peoples reside within the boundaries of Canada they are "Canada's Aboriginal People". It is because of this assumption that the Aboriginal peoples face difficulties achieving the recognition of their inherent right to self-determination.;This thesis presents an examination of how Aboriginal peoples became Canadian citizens. It is argued that this inception into the Canadian definition of citizenship was done without their consent. The result is that Canadian citizenship is illegitimate for the Aboriginal peoples. It is further argued that because Canadian citizenship is illegitimate so to is the framework on which our definition of citizenship is based.;The goal is to develop a model of association which will remain consistent with Canadian values which federalism espouses, as well as ensuring the legitimacy of association for the Aboriginal nations. The framework achieved combines elements of treaty and Althusian federalism with aspects of non-territoriality and multiple citizenship status. The result is a celebration of Canada as a multi-nation state.;This model was tested for its validity and flexibility among three groups of Aboriginal nations as well as with the federal government. The model demonstrated congruency with the aspirations of the Aboriginal nations examined. However, it is not clear that the federal government is willing to accept the notion of Canada as a multi-nation state as proposed by the framework. The framework remains a goal to strive for to achieve a legitimate Canadian federation.