John Borrows is a professor and the Loveland Chair in Indigenous Law in the Faculty of Law at the University of Toronto. Michael Coyle is an associate professor and Director of Graduate Programs in the Faculty of Law at Western University. He has over twenty-five years of experience in mediating disputes between the Crown and First Nations.

• Acknowledgements Introduction PART I. TREATY REMEDIES – HOW SHOULD HISTORY SHAPE THE LAW? Canada’s Colonial Constitution JOHN BORROWS As Long as the Sun Shines: Recognizing that Treaties were Intended to Last MICHAEL COYLE Indigenous Rights Litigation, Legal History, and yhe Role of Experts KENT MCNEIL Bargains Made in Bad Times: How Principles from Modern Treaties can Reinvigorate Historic Treaties JULIE JAI Who Calls the Shots? Balancing Individual and Collective Interests in The Assertion of Aboriginal and Treaty Harvesting Rights FRANCESCA ALLODI-ROSS Negotiating Self-Government Over & Over & Over Again: Interpreting Contemporary Treaties SARI GRABEN & MATTHEW MEHAFFY PART II. THE ROLE OF INDIGENOUS LEGAL ORDERS: TREATY RIGHTS OR RIGHT RELATIONSHIPS? Rights and Remedies Within Common Law and Indigenous Legal Traditions: Can the Covenant Chain be Judicially Enforced Today? MARK D. WALTERS What is a Treaty? On Contract and Mutual Aid AARON MILLS Changing the Treaty Question: Remedying the Right(S) Relationship HEIDI KIIWETINEPINESIIK STARK (Re)Defining "Good Faith" Through Snuw’uyulh SARAH MORALES PART III. "FITTING THE FORUM TO THE FUSS" – RE-EXAMINING THE FORUMS IN WHICH TREATY DISPUTES ARE ADDRESSED A Treaty in Another Context: Creating Reimagined Treaty Relationships in Aotearoa New Zealand JACINTA RURU Nanabush, Lon Fuller and Historical Treaties: The Potentialities and Limits of Adjudication JEAN LECLAIR Treaties and The Emancipatory Potential of International Law SARA L. SECK

‘This book presents an innovative argument on understanding and implementing treaties… Contributors are innovative in the way they conceive of alternatives that respect traditions and legal structures of Indigenous nations and government.’- E. Acevedo (Choice Magazine vol 55:04:2017) ‘The constructive, forward-thinking approaches presented in this book make it a useful read for all Canadians…. The book is also valuable for Americans interested in bringing similar conversation to the forefront…This volume is an important contribution to Indigenous-settler relations.’- Jill Doerfler (Great Plains Research vol 28:01:2018) "Borrows and Coyle have gathered together a group of voices that represent precisely the kind of well-informed, tough minded optimism needed to underpin effective activism and advocacy."- David J. Carlson, California State University San Bernardino (Transmotion, vol 4 no 2, 2018) "The compelling case studies that run through the collection offer insights for the lay reader about how treaties contribute to law and humanities scholarship."- Cheryl Suzack (Canadian Literature 236 '18)

John Borrows is a professor and the Loveland Chair in Indigenous Law in the Faculty of Law at the University of Toronto. Michael Coyle is an associate professor and Director of Graduate Programs in the Faculty of Law at Western University. He has over twenty-five years of experience in mediating disputes between the Crown and First Nations.

• Acknowledgements Introduction PART I. TREATY REMEDIES – HOW SHOULD HISTORY SHAPE THE LAW? Canada’s Colonial Constitution JOHN BORROWS As Long as the Sun Shines: Recognizing that Treaties were Intended to Last MICHAEL COYLE Indigenous Rights Litigation, Legal History, and yhe Role of Experts KENT MCNEIL Bargains Made in Bad Times: How Principles from Modern Treaties can Reinvigorate Historic Treaties JULIE JAI Who Calls the Shots? Balancing Individual and Collective Interests in The Assertion of Aboriginal and Treaty Harvesting Rights FRANCESCA ALLODI-ROSS Negotiating Self-Government Over & Over & Over Again: Interpreting Contemporary Treaties SARI GRABEN & MATTHEW MEHAFFY PART II. THE ROLE OF INDIGENOUS LEGAL ORDERS: TREATY RIGHTS OR RIGHT RELATIONSHIPS? Rights and Remedies Within Common Law and Indigenous Legal Traditions: Can the Covenant Chain be Judicially Enforced Today? MARK D. WALTERS What is a Treaty? On Contract and Mutual Aid AARON MILLS Changing the Treaty Question: Remedying the Right(S) Relationship HEIDI KIIWETINEPINESIIK STARK (Re)Defining "Good Faith" Through Snuw’uyulh SARAH MORALES PART III. "FITTING THE FORUM TO THE FUSS" – RE-EXAMINING THE FORUMS IN WHICH TREATY DISPUTES ARE ADDRESSED A Treaty in Another Context: Creating Reimagined Treaty Relationships in Aotearoa New Zealand JACINTA RURU Nanabush, Lon Fuller and Historical Treaties: The Potentialities and Limits of Adjudication JEAN LECLAIR Treaties and The Emancipatory Potential of International Law SARA L. SECK

‘This book presents an innovative argument on understanding and implementing treaties… Contributors are innovative in the way they conceive of alternatives that respect traditions and legal structures of Indigenous nations and government.’- E. Acevedo (Choice Magazine vol 55:04:2017) ‘The constructive, forward-thinking approaches presented in this book make it a useful read for all Canadians…. The book is also valuable for Americans interested in bringing similar conversation to the forefront…This volume is an important contribution to Indigenous-settler relations.’- Jill Doerfler (Great Plains Research vol 28:01:2018) "Borrows and Coyle have gathered together a group of voices that represent precisely the kind of well-informed, tough minded optimism needed to underpin effective activism and advocacy."- David J. Carlson, California State University San Bernardino (Transmotion, vol 4 no 2, 2018) "The compelling case studies that run through the collection offer insights for the lay reader about how treaties contribute to law and humanities scholarship."- Cheryl Suzack (Canadian Literature 236 '18)

John Borrows is a professor and the Loveland Chair in Indigenous Law in the Faculty of Law at the University of Toronto. Michael Coyle is an associate professor and Director of Graduate Programs in the Faculty of Law at Western University. He has over twenty-five years of experience in mediating disputes between the Crown and First Nations.

• Acknowledgements Introduction PART I. TREATY REMEDIES – HOW SHOULD HISTORY SHAPE THE LAW? Canada’s Colonial Constitution JOHN BORROWS As Long as the Sun Shines: Recognizing that Treaties were Intended to Last MICHAEL COYLE Indigenous Rights Litigation, Legal History, and yhe Role of Experts KENT MCNEIL Bargains Made in Bad Times: How Principles from Modern Treaties can Reinvigorate Historic Treaties JULIE JAI Who Calls the Shots? Balancing Individual and Collective Interests in The Assertion of Aboriginal and Treaty Harvesting Rights FRANCESCA ALLODI-ROSS Negotiating Self-Government Over & Over & Over Again: Interpreting Contemporary Treaties SARI GRABEN & MATTHEW MEHAFFY PART II. THE ROLE OF INDIGENOUS LEGAL ORDERS: TREATY RIGHTS OR RIGHT RELATIONSHIPS? Rights and Remedies Within Common Law and Indigenous Legal Traditions: Can the Covenant Chain be Judicially Enforced Today? MARK D. WALTERS What is a Treaty? On Contract and Mutual Aid AARON MILLS Changing the Treaty Question: Remedying the Right(S) Relationship HEIDI KIIWETINEPINESIIK STARK (Re)Defining "Good Faith" Through Snuw’uyulh SARAH MORALES PART III. "FITTING THE FORUM TO THE FUSS" – RE-EXAMINING THE FORUMS IN WHICH TREATY DISPUTES ARE ADDRESSED A Treaty in Another Context: Creating Reimagined Treaty Relationships in Aotearoa New Zealand JACINTA RURU Nanabush, Lon Fuller and Historical Treaties: The Potentialities and Limits of Adjudication JEAN LECLAIR Treaties and The Emancipatory Potential of International Law SARA L. SECK

‘This book presents an innovative argument on understanding and implementing treaties… Contributors are innovative in the way they conceive of alternatives that respect traditions and legal structures of Indigenous nations and government.’- E. Acevedo (Choice Magazine vol 55:04:2017) ‘The constructive, forward-thinking approaches presented in this book make it a useful read for all Canadians…. The book is also valuable for Americans interested in bringing similar conversation to the forefront…This volume is an important contribution to Indigenous-settler relations.’- Jill Doerfler (Great Plains Research vol 28:01:2018) "Borrows and Coyle have gathered together a group of voices that represent precisely the kind of well-informed, tough minded optimism needed to underpin effective activism and advocacy."- David J. Carlson, California State University San Bernardino (Transmotion, vol 4 no 2, 2018) "The compelling case studies that run through the collection offer insights for the lay reader about how treaties contribute to law and humanities scholarship."- Cheryl Suzack (Canadian Literature 236 '18)