Abstract
This paper discusses how asymmetrical Canadian federalism contributes to neo-colonialism and therefore, also the social inequalities faced by Indigenous nations. Asymmetrical federalism has been heralded as a system that maintains a balance of power among the diverse nations that constitute Canada. However, many fail to recognize that Canadian federalism contributes to neo-colonialism, as it validates solely colonizers through the power division in the Constitution Act of 1982. Further, this power imbalance places Indigenous nations under the jurisdiction of the federal government. This greatly limits the ability of Indigenous nations to self-govern and be heard within the Canadian system of government. Through furthering neo-colonial power divisions, the Canadian federal system significantly contributes to social inequalities, such as poor healthcare coverage, faced by Indigenous nations.
Highlights
Federalism-e is an electronic student journal about federalism, multi-level governance, and intergovernmental relations put forth in collaboration between Queen's University and the Royal Military College of Canada. This annual journal will publish papers by undergraduate students, which are reviewed by an editorial board composed of their peers, in both English and French languages
Indigenous nations within Canada do not have constitutionally defined jurisdictions Instead, they rely on the vague wording of several significant pieces of legislation through de facto asymmetry to provide insight into their limited abilities
Asymmetrical federalism significantly limits the powers of Indigenous nations that do not have jurisdictional independence enshrined within the constitution
Summary
The Constitutional Difference in Canadian Asymmetry: The Limitations of Indigenous Power, Neocolonialism, and Social Inequality Federalism-e is an electronic student journal about federalism, multi-level governance, and intergovernmental relations put forth in collaboration between Queen's University and the Royal Military College of Canada.
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