New publication on colonialism, law, and Indigenous jurisdiction in disasters

May 12, 2023

DRRN member Jocelyn Stacey has co-authored an article with Emma Feltes (Anthropology, Cornell) and the Tŝilhqot’in National Government in the Canadian Journal of Law and Society titled "Crisis, Colonialism and Constitutional Habits: Indigenous jurisdiction in times of emergency." This article is Open Access.

Abstract: The Tŝilhqot’in Nation has had ample experience exercising its laws and jurisdiction to manage emergencies during record-breaking wildfires and the COVID-19 pandemic. Despite the Nation’s unique opportunity to formally describe and advance its jurisdiction through its landmark Aboriginal title declaration and beyond, in these crises, Crown actors have defaulted to well-worn patterns of colonialism. Through a detailed analysis of recent Tŝilhqot’in experiences of emergency, we argue that provincial and federal responses to these extreme events reveal constitutional habits: patterns of decision-making that emerge in the immediate response to an emergency, so as to appear automatic. Crown emergency responses assume exhaustive Crown jurisdiction and its corollary erasure and dispossession of Tŝilhqot’in jurisdiction. Fortunately, however, habits can change. We show how Tŝilhqot’in responses to emergency reveal alternate constitutional possibilities: habits of coordination, which, through their attention to responsible relationships, build capacity to respond to emergencies and, more broadly, a changing world.

Follow the link below to read the full article.

Read the full article


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