Patriation Paradigms: Sovereignty, Power, and Rights

Authors

  • Colleen Sheppard Professor of Law, McGill University

DOI:

https://doi.org/10.21991/cf29457

Abstract

In this article, I begin by exploring how nation-state sovereignty has been disrupted and challenged both externally and internally — bringing into question the idea that patriation ushered in an era of full-fledged Canadian sovereignty. I then turn to contested conceptions of rights — underscoring the importance of reimagining rights as sources of political empowerment and sovereignty. Such a reconceptualization means that rights become sources of enhanced jurisdictional authority, power-sharing, and self-governance. Thus, I seek to contribute to a rethinking of the two central dimensions of the patriation paradigm towards an approach that celebrates multiple and divided sovereignties and reframes rights as integral to empowerment.

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Published

2023-09-27