Overview

Indigenous Spiritualities and Religious Freedom investigates the complex relationship between Indigenous legal orders and Canadian law, emphasizing the richness of Indigenous spiritual practices alongside their historical and ongoing suppression by the Canadian state. It critically examines the role and limitations of the Canadian Charter of Right's section 2(a), which guarantees freedom of religion, in protecting the spiritual lives of Indigenous communities. The book highlights the holistic nature of Indigenous spiritual beliefs, which view the spiritual as immanent and closely tied to land and specific locations. The book reveals how, by contrast, the Anglo-American conception of religious freedom often separates spiritual and religious matters from civic and political concerns, and so fails to provide meaningful protection for Indigenous cultural and spiritual practices. reveals the challenges and perhaps the futility of seeking significant protection for Indigenous spiritual practices within the existing framework of religious freedom.

Full Product Details

Author:   Jeffery Hewitt ,  Beverly Jacobs ,  Richard John Moon
Publisher:   University of Toronto Press
Imprint:   University of Toronto Press
Dimensions:   Width: 15.20cm , Height: 2.50cm , Length: 22.90cm
Weight:   0.001kg
ISBN:  

9781487505295

ISBN 10:   1487505299
Pages:   240
Publication Date:   07 July 2025
Audience:   College/higher education ,  Professional and scholarly ,  Tertiary & Higher Education ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Forthcoming
Availability:   Not yet available, will be POD  
This item is yet to be released. You can pre-order this item and we will dispatch it to you upon it's release. This is a print on demand item which is still yet to be released.

Table of Contents

Introduction  Jeffery Hewitt, Beverly Jacobs, and Richard Moon 1. Water Is Life: Haudenosaunee Responses to Climate Change and Water Security Dawn Martin-Hill 2. The Gaya’shra’gowa’ in the Twenty-First Century: Traditional Indigenous Governance and the Problem of Canadian Settler Colonial Law Theresa McCarthy 3. An Imaginary for Our Sisters: Spirits and Indigenous Law Val Napoleon 4. Indigenous Religious Rights: Reconciling Religious Views and Decolonizing Section 2(a) of the Charter Natasha Bakht 5. Is State Neutrality Bad for Indigenous Religious Freedom? Benjamin L. Berger 6. Ktunaxa and the Shape of Religious Freedom Richard Moon 7. Beyond Experience? Objectivity, Indigeneity, and Freedom of Religion John Borrows 8. Ancestors in the Land: Indigenous Burial Sites and Religious Freedom Senwung Luk and Howard Kislowicz 9. Posing the Land Question: An Analysis of Servatius v. Alberni School District No. 70  Ardith Walkem 10. The Perils of Rights and Reconciliation for Indigenous Peoples Karen Drake Contributors

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Author Information

Jeffery Hewitt is an associate professor at Osgoode Hall Law School at York University. Beverly Jacobs is the senior advisor to the president on Indigenous relations and outreach, and an associate professor in the Faculty of Law at the University of Windsor. Richard Moon is a distinguished university professor in the Faculty of Law at the University of Windsor.

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