Indigenous traditions can be uplifting, positive, and liberating forces when they are connected to living systems of thought and practice. Problems arise when they are treated as timeless models of unchanging truth that require unwavering deference and unquestioning obedience. Freedom and Indigenous Constitutionalism celebrates the emancipatory potential of Indigenous traditions, considers their value as the basis for good laws and good lives, and critiques the failure of Canadian constitutional traditions to recognize their significance. Demonstrating how Canada’s constitutional structures marginalize Indigenous peoples’ ability to exercise power in the real world, John Borrows uses Ojibwe law, stories, and principles to suggest alternative ways in which Indigenous peoples can work to enhance freedom. Among the stimulating issues he approaches are the democratic potential of civil disobedience, the hazards of applying originalism rather than living tree jurisprudence in the interpretation of Aboriginal and treaty rights, American legislative actions that could also animate Indigenous self-determination in Canada, and the opportunity for Indigenous governmental action to address violence against women.

The Indigenous Peoples’ Rights in Constitutions Assessment Tool helps users to analyse a constitution from the perspective of indigenous peoples’ rights. Using a series of questions, short explanations and example provisions from constitutions around the world, the Assessment Tool guides its users through the text of a constitution and allows for systematic analysis of the language and provisions of a constitutional text to assess how robustly indigenous peoples’ rights are reflected in it. A constitution articulates a vision that reflects a state’s values and history, as well as its aspirational objectives for the future. As the supreme law of a state, the constitution defines its structure and institutions, distributes political power, and recognizes and protects fundamental rights, critically determining the relationship between citizens and governments. Embedding in a constitution recognition of and rights-based protections for specific groups, such as indigenous peoples, can give these groups and their rights enhanced protection. This can be furthered by providing for specialized institutions and processes to deepen the realization of those rights in practice.

John Borrows uses Ojibwe law, stories, and principles to suggest alternative ways in which Indigenous peoples can work to enhance freedom.

Six essays in which specialists in international law examine indigenous peoples' right to self-determination from different perspectives, most of which were first presented at the International Conference on Aboriginal Rights and World Public Order organized by Carleton University and held in Ottawa in 1983. Where possible, updating information has been provided in editor's notes.

The United Nations adopted the Declaration on the Right to Development in 1986. The Declaration recognizes that development is an inalienable human right, and describes development as a comprehensive process leading to the well-being of all people. All states are called upon to cooperate internationally and work nationally to ensure that this comprehensive process in which all human rights can be realized is undertaken without discrimination, and that all people may participate fully and equally in this process. This paper provides an elaboration of the content of the right to development by drawing on international law. It addresses the obligations of states, particularly with regard to international cooperation, and considers the application of obligations of conduct, as well as those of result, in giving this right meaning. This paper also details the rights of minorities and indigenous peoples and how they relate to the right to development. The creation of conditions that enable a state to develop will not necessarily lead to the realization of the right to development by the individuals within that state. Traditionally marginalized groups – notably, minorities and indigenous peoples – may not benefit from this development or may be harmed by it. Even where the right to development is being realized by the majority, the rights of minorities and indigenous peoples could be violated if the process undertaken does not take account of their rights. The authors discuss the need to have in place the standards to ensure that the protection and promotion of minority and indigenous rights are fully integrated into policies designed to fulfil the right to development. Written in cooperation with the UN Independent Expert on the right to development, this work builds on his contribution to the mandated objectives of the inter-state UN Working Group on the Right to Development. It provides an important contribution to the scope of rights and obligations in this area, and the implications that stem from them, particularly for minorities and indigenous peoples.