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21 Soc. & Legal Stud. 3 (2012)

handle is hein.journals/solestu21 and id is 1 raw text is: Article The Crown in a Multicultural Age: The Changing Epistemology of (Post)colonial Sovereignty Social & Legal Studies 21(I) 3-21 K The Author(s) 2012 Reprints and permission: sagepub.co.ul</jou rnalsPermissions.nav DOI: 10.117710964663911418719 sls.sagepub.corn OSAGE Mariana Valverde University of Toronto, Canada Abstract In Canada as in other (post)colonial settings, courts have been facing the challenging task of redefining both substantive aboriginal legal rights and evidentiary rules that now look ethnocentric. Recent litigation has shown that while rights claims made by indigenous collectives are difficult to make and sustain in court, the newly revived doctrine of the Crown's inherent 'honour' can work for aboriginal peoples precisely because the Crown's honour is, as it were, self-acting. But the neo-medieval dis- course of the Crown coexists, in the text of Canadian courts, with discursive prac- tices that enact a contemporary, pluralistic, socially aware form of judicial anthropology. These two wholly conflicting representations of the Canadian state live happily side by side in current Canadian judicial discourse. This easy eclecticism stands in marked contrast to the difficulties and embarrassments experienced by aboriginal leaders testifying before judges. The close judicial scrutiny of aboriginal claims contrasts with the tolerance of major epistemological contradictions in the state's discourses about itself. Keywords aboriginal rights, Crown, 'duty to consult', monarchy, multiculturalism Corresponding author: Mariana Valverde, University of Toronto, 14 Queen's Park Crescent West, Toronto, M5S 3K9, Canada Email: m.valverde@utoronto.ca

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