La giustizia riparativa canadese e i diritti degli aborigeni: il rescue interstitial federalism e la sovranità della Corona

This paper seeks to investigate the dilemma of aboriginal rights in Canada from a different perspective. In fact, even though many studies exist in matter of the aboriginal “quest” not the same may be argued related to the role of federalism in the accommodation of aboriginal interests and claims. Drawing on the jurisprudence of the Canadian Supreme Court on the duty to consult and the aboriginal land claims, this paper aim at providing a different perspective on the evolution of the Canadian constitutional order relating to aboriginal interests. Thus, the interrelation between sovereignty - federalism - constitutional law is under the spotlight with the need to accommodate aboriginal claims; to this regard, the federal toolkit seems to offer viable options in order to legitimate the asserted sovereignty of the Crown. For this reason, it is argued that, with this specific purpose, Canada is witnessing an “interstitial and rescue” federalism.