Résilience et résurgence du principe de personnalité dans la gouvernance autochtone au Canada
Resilience and Resurgence of Personal Laws in Indigenous Governance in Canada.

Summary/Abstract: Western post-wesphalian territoriality was gradually transplanted in British North-American colonies thanks to the massive arrival of settlers, the unilateral assertion of European sovereignty and the ensuing marginalisation of Indigenous peoples’ legal systems. However, recent developments regarding indigenous self-government in Canada show that the hegemony of western territoriality is not complete and that the personality of laws may play an important part in establishing a more just and equal relationship between the state and indigenous peoples. This paper shows in particular how recent self-government treaties combine territoriality and personality in order to reconcile indigenous autonomy, demographic changes and democracy.

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