
Indigenous Spiritualities and Religious Freedom
University of Toronto Press
Published on 29. July 2025
Book
Paperback/Softback
254 pages
978-1-4875-2379-4 (ISBN)
Description
Indigenous Spiritualities and Religious Freedom investigates the complex relationship between Indigenous legal orders and Canadian law, emphasizing the richness of Indigenous spiritual practices alongside their historical and ongoing suppression by the Canadian state. It critically examines the role and limitations of the Canadian Charter of Right's section 2(a), which guarantees freedom of religion, in protecting the spiritual lives of Indigenous communities.
The book highlights the holistic nature of Indigenous spiritual beliefs, which view the spiritual as immanent and closely tied to land and specific locations. The book reveals how, by contrast, the Anglo-American conception of religious freedom often separates spiritual and religious matters from civic and political concerns, and so fails to provide meaningful protection for Indigenous cultural and spiritual practices.
Many essays in this collection propose alternative approaches to the relationship between Canadian law and Indigenous legal orders, particularly regarding Indigenous spiritual practices. Ultimately, Indigenous Spiritualities and Religious Freedom reveals the challenges - and perhaps the futility - of seeking significant protection for Indigenous spiritual practices within the existing framework of religious freedom.
The book highlights the holistic nature of Indigenous spiritual beliefs, which view the spiritual as immanent and closely tied to land and specific locations. The book reveals how, by contrast, the Anglo-American conception of religious freedom often separates spiritual and religious matters from civic and political concerns, and so fails to provide meaningful protection for Indigenous cultural and spiritual practices.
Many essays in this collection propose alternative approaches to the relationship between Canadian law and Indigenous legal orders, particularly regarding Indigenous spiritual practices. Ultimately, Indigenous Spiritualities and Religious Freedom reveals the challenges - and perhaps the futility - of seeking significant protection for Indigenous spiritual practices within the existing framework of religious freedom.
Reviews / Votes
"This timely and thoughtfully edited volume brilliantly questions the implications of Canada's legal provisions for freedom of religion in light of Indigenous spiritual claims and in the contexts of reconciliation and ongoing coloniality. Its chapters approach these tensions from a rich number of theoretical, political, and disciplinary vantage points that will both resonate with and challenge scholars and students of law, religion, and Indigenous Studies across Canada and beyond." -- Jennifer A. Selby, Professor, Memorial University of Newfoundland and Labrador "A much-needed, invaluable, collection of essays that critically engages with the capacity of religious freedom to protect Indigenous spiritualities. Contributors map the ongoing impact of colonization and the social context within which Indigenous ways of knowing are interpreted. These creative, thoughtful and rigorous essays offer a vital reality check on the role of the Constitution in effecting meaningful reconciliation." -- Lori G. Beaman, Canada Research Chair in Religious Diversity and Social Change, University of OttawaMore details
Language
English
Place of publication
Toronto
Canada
Target group
College/higher education
Professional and scholarly
Product notice
Paperback (trade)
Dimensions
Height: 228 mm
Width: 152 mm
Thickness: 16 mm
Weight
376 gr
ISBN-13
978-1-4875-2379-4 (9781487523794)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Persons
Jeffery Hewitt is an associate professor at Osgoode Hall Law School at York University.
Beverly Jacobs is the senior advisor to the president on Indigenous relations and outreach, and an associate professor in the Faculty of Law at the University of Windsor.
Richard Moon is a distinguished university professor in the Faculty of Law at the University of Windsor.
Beverly Jacobs is the senior advisor to the president on Indigenous relations and outreach, and an associate professor in the Faculty of Law at the University of Windsor.
Richard Moon is a distinguished university professor in the Faculty of Law at the University of Windsor.
Content
Introduction
Jeffery Hewitt, Beverly Jacobs, and Richard Moon
1. Water Is Life: Haudenosaunee Responses to Climate Change and Water Security
Dawn Martin-Hill
2. The Gaya'shra'gowa' in the Twenty-First Century: Traditional Indigenous Governance and the Problem of Canadian Settler Colonial Law
Theresa McCarthy
3. An Imaginary for Our Sisters: Spirits and Indigenous Law
Val Napoleon
4. Indigenous Religious Rights: Reconciling Religious Views and Decolonizing Section 2(a) of the Charter
Natasha Bakht
5. Is State Neutrality Bad for Indigenous Religious Freedom?
Benjamin L. Berger
6. Ktunaxa and the Shape of Religious Freedom
Richard Moon
7. Beyond Experience? Objectivity, Indigeneity, and Freedom of Religion
John Borrows
8. Ancestors in the Land: Indigenous Burial Sites and Religious Freedom
Senwung Luk and Howard Kislowicz
9. Posing the Land Question: An Analysis of Servatius v. Alberni School District No. 70
Ardith Walkem
10. The Perils of Rights and Reconciliation for Indigenous Peoples
Karen Drake
Contributors
Jeffery Hewitt, Beverly Jacobs, and Richard Moon
1. Water Is Life: Haudenosaunee Responses to Climate Change and Water Security
Dawn Martin-Hill
2. The Gaya'shra'gowa' in the Twenty-First Century: Traditional Indigenous Governance and the Problem of Canadian Settler Colonial Law
Theresa McCarthy
3. An Imaginary for Our Sisters: Spirits and Indigenous Law
Val Napoleon
4. Indigenous Religious Rights: Reconciling Religious Views and Decolonizing Section 2(a) of the Charter
Natasha Bakht
5. Is State Neutrality Bad for Indigenous Religious Freedom?
Benjamin L. Berger
6. Ktunaxa and the Shape of Religious Freedom
Richard Moon
7. Beyond Experience? Objectivity, Indigeneity, and Freedom of Religion
John Borrows
8. Ancestors in the Land: Indigenous Burial Sites and Religious Freedom
Senwung Luk and Howard Kislowicz
9. Posing the Land Question: An Analysis of Servatius v. Alberni School District No. 70
Ardith Walkem
10. The Perils of Rights and Reconciliation for Indigenous Peoples
Karen Drake
Contributors