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With Great(Er) Power Comes Great(Er) Responsibility: Indigenous Rights And Municipal Autonomy, Alexandra Flynn
With Great(Er) Power Comes Great(Er) Responsibility: Indigenous Rights And Municipal Autonomy, Alexandra Flynn
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This article asks how the dialogue surrounding greater municipal autonomy intersects with Aboriginal rights and title, recognized under section 35 of the Constitution Act, 1982 (Constitution), with a particular focus on Toronto. The first part of this article sets out the ways in which Toronto sought empowerment following the Better Local Government Act or Bill 5, including judicial consideration of the constitutional role of Canadian municipalities, the legislative advances made by provincial governments, and the yet-implemented possibilities of protection through a little-used mechanism within the Constitution. Part II analyzes the obligations of municipalities in respect of Indigenous Peoples …