John Borrows

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John Borrows (2019)

John Borrows (* 1963 ) is a Canadian professor of law at the University of Victoria Law School in the capital of British Columbia , where he has taught since 2001. He is Professor and Law Foundation Chair of Aboriginal Law and Justice and Robina Professor on Law, Policy and Society at the University of Minnesota (since 2009). He is also a Fellow of the Royal Society of Canada , the Academy of Arts, Humanities and Sciences of Canada (since 2007) and the Trudeau Foundation (since 2006) and teaches in the fields of Canadian and American constitutional law, as well as indigenous law and the US Federal Indian Law , i.e. the indigenous law of the two North American states. He is also an Associate Professor and Director of the Intensive Program in Lands, Resources and First Nations Governments at Osgoode Hall Law School at York University . He is a member of the Anishinabe and therefore bears the traditional name Kegedonce .

life and work

Bruce Peninsula in Ontario

Borrows was as Chippewa of the Chippewas of Nawash First Nation , which on the east bank of the Saugeen (Bruce) Peninsula in Ontario live. His great-great-grandfather signed a treaty with the British colonial powers in 1854, in which he had hoped that the land would only be given in trust . The colonial government had passed the Act for the protection of the Indians in Upper Canada from Imposition, and the property occupied or enjoyed by them from trespass and injury in 1850 , a law that was intended to protect against land expropriation by squatters . But as early as 1851 the groups called Saugeen Ojibway at that time had to sign the Half-Mile Strip Treaty , with which they had to cede over 4,000 acres of land for a road between Owen Sound and Southampton . Laurence Oliphant, Superintendent General for Indian Affairs , acted in Treaty No. 72 , the contract that Borrow's great-great-grandfather signed. The Saugeen Ojibway gave up almost 500,000 acres of land on the Saugeen Peninsula. In return, the Indians should receive income from land sales and protection of their area. They only had Chief's point, Saugeen Reserve (Owen Sound), Colpoy's Bay Reserve (Big Bay), Cape Croker Indian Reserve No. 27, the Fishing Islands in Lake Huron , the Cape Hurd Islands and three islands at the entrance to Colpoy's Bay.

The 10,000 acre Nawash reservation on the west bank of Owen Sound Bay was ceded in 1857. The residents were supposed to move to Cape Croker, but many refused. The same thing happened in 1861 with the 6,000 acres of Colpoy's Bay Reserve. Most of the residents moved to Christian Island, some to Southampton. From 1885 to 1899, the Fishing Islands and Cape Hurd Islands in Lake Huron were taken from them, as were Griffith, Hay and White Cloud Island in Georgian Bay. Borrow's grandfather was born on the remaining reservation in 1901. It wasn't until 1968 that 90 fish islands in Lake Huron were returned.

The extensive expropriation caused the young Borrows to deal with legal and contractual issues. To this end, he made contact with legal scholars not only from Canada, but also from Australia , Finland , New Zealand , Norway , Sweden and the USA . He earned his bachelor's , two masters in law from the University of Toronto ; He obtained his Doctor Juris at the Osgoode Law School , the most prestigious law faculty in the country, where he was Assistant Professor from 1994 to 1996 . In Toronto he also received the Rosalind Murray Award (1987-1990) and a 1991 Mississauga First Nation Achievement Scholarship . In 2004 he became an International Visiting Fellow at the Australian Institute of Aboriginal and Torres Strait Islander Studies in Australia . He received substantial financial support from the SSHRC twice, on the one hand as Virtual Scholar in Residence, Indigenous Legal Traditions, Law Commission of Canada in 2004 with $ 150,000, and on the other hand with $ 2.5 million for his work as a collaborator, co- Researcher in a research initiative on Aboriginal Governance .

Before moving to Victoria , he was Associate Professor in several cities , including the Law Faculty of the University of Toronto (1998-2001), the University of British Columbia (1992-1998) and the Osgoode Hall Law School at York University . There he was also director of the Intensive Program in Lands, Resources and First Nations Governments . In addition, he was Visiting Professor and Acting Executive Director of the Indian Legal Program at the Arizona State University College of Law in Phoenix , Arizona , from 2000 to 2001 , as well as at the University of New South Wales in 2004 and at the University of Waikato in Australia in 2006 or New Zealand. Most recently, he was visiting scholar in residence at the Law Commission of Canada , where he wrote a publication on indigenous legal traditions in Canada. One of his goals is to set up a chair for indigenous law. A professorship at Princeton University is planned for 2011 .

With his monograph Recovering Canada; The Resurgence of Indigenous Law won the 2003 Donald Smiley Award for the best book in Canadian political science. He also received the Aboriginal Achievement Award in Law and Justice of 2003. In 2009 he received the aw Students Society Teaching Award from the University of Victoria and in 2019 he was awarded a Molson Prize . His most recent work, Physical Philosophy: Freedom and Indigenous Peoples, appears in 2010 .

John Borrows believes First Nations laws can be used in Canadian courts, but he is well aware of the many problems this would create. His idea is that indigenous perspectives in a variety of contexts can only liberate Canadian society from its colonial past. An important basis is the idea of ​​legal pluralism. This relates, for example, to the reconciliation of indigenous, oral traditions with Western university traditions, which has already made considerable progress. On the one hand, the indigenous society is far from homogeneous, on the other hand, their legal thinking does not only refer to indigenous societies. He is strongly influenced by John C. Tait and his idea of ​​dialogue. Canada could thus become a pioneer for the integration of indigenous law into private law, administrative law, but also into constitutional law.

Works

  • A Genealogy of Law: Inherent Sovereignty and First Nations Self-Government , in: Osgoode Hall Law Journal 30/2 (1992) 291-354
  • Negotiating Treaties and Land Claims: The Impact of Diversity within First Nations Property Interests , in: Windsor Yearbook of Access to Justice 12 (1992) 179-234
  • Constitutional Law From a First Nation Perspective: Self-Government and the Royal Proclamation , in: University of British Columbia Law Review 28 (1994) 1-48
  • With or Without You: First Nations' Law (in Canada) , in: McGill Law Journal (1996) 630-665
  • Wampum at Niagara: The Royal Proclamation, Canadian Legal History, and Self-Government , in: Aboriginal and Treaty Rights in Canada , Ed. Michael Asch, Vancouver: UBC Press, 1997
  • Traditional Contemporary Equality: The Impact of the Charter on First Nations Politics , Toronto: University of Toronto Press 1997
  • Landed Citizenship: Narratives of Aboriginal Political Participation , in: Will Kymlicka (ed.): Citizenship in Diverse Societies , Oxford University Press, 2000, reprint: Alan Cairns (ed.): Citizenship, Diversity and Pluralism , Montreal: McGill Queens, 2000
  • Colonialism, Canadian Legal History & Delgamuukw v. The Queen , in: Diane Kirkby (Ed.): Law, History and Colonialism: Empire's Reach , Manchester: Manchester University Press, 2001
  • Recovering Canada: The Resurgence of Indigenous Law , Toronto: University of Toronto Press, 2002 (312 pp.)
  • Contribution to: Canadian Constitutional Law , 3rd edition, Toronto: Emond Montgomery 2003
  • Aboriginal Law: Cases and Materials , 2nd Edition, Toronto: Butterworths, 2003 (with Len Rotman), 946 pages
  • Seven Generations, Seven Teachings: Ending The Indian Act , Research Paper for the National Center for First Nations Governance, 2004
  • / Sarah Morales: Challenge, Change and Development in Aboriginal Communities , in: Joseph Magnet and Dwight Dorey: Legal Aspects of Aboriginal Business Development , Toronto: LexisNexis, 2005
  • Throwing the Eagle From the Nest , in: Wanda McCaslin (Ed.): Justice as Healing: Indigenous Ways , St. Paul: Living Justice Pres, 2005
  • Indigenous Legal Traditions in Canada , Ottawa: Law Commission of Canada, 2006
  • Aboriginal Political Advocacy and the Canadian Constitution , in: Garrick Bailey (Ed.): Handbook of North American Indians , Vol. 2: Indians in Contemporary Society , Washington: Smithsonian Institute, 2007
  • / Len Rotman (ed.): Aboriginal Law: Cases and Materials , 3rd edition, Toronto: Butterworths, 2007 (1010 pp.)
  • Sasha Harmon (Ed.): The Power of Promises: Rethinking Indian Treaties in the Pacific Northwest , Seattle; University of Washington Press, 2008 (Foreword)
  • (Associate Editor): Canadian Constitutional Law , 4th Edition, Toronto: Emond Montgomery, 2010, pp. 545-670
  • Canada's Indigenous Constitution , University of Toronto Press 2010 (472 pp.)
  • Drawing Out Law. A Spirit's Guide , University of Toronto Press 2010 (318 pp.)

Web links

Remarks

  1. ↑ John Borrows himself emphasizes the connection to these negative colonial experiences. See "Landed Citizenship": Narratives of Aboriginal Political Participation , in: Alan C. Cairns, John C. Courtney, Peter McKinnon, Hans J. Michelmann, David E. Smith (eds.): Citizenship, Diversity, and Pluralism: Canadian and Comparative Perspectives , McGill-Queen's University Press 1999, pp. 72-86.
  2. ↑ See Department of Indian Affairs and Northern Development .
personal data
SURNAME Borrows, John
ALTERNATIVE NAMES Kegedonce; Borrows, John Joseph
BRIEF DESCRIPTION Canadian law scholar, university professor
DATE OF BIRTH 1963