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Standoff: Why Reconciliation Fails Indigenous People and How to Fix It

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Faced with a constant stream of news reports of standoffs and confrontations, Canada’s “reconciliation project� has obviously gone off the rails. In this series of concise and thoughtful essays, lawyer and historian Bruce McIvor explains why reconciliation with Indigenous peoples is failing and what needs to be done to fix it.

Widely known as a passionate advocate for Indigenous rights, McIvor reports from the front lines of legal and political disputes that have gripped the nation. From Wet’suwet’en opposition to a pipeline in northern British Columbia, to Mi’kmaw exercising their fishing rights in Nova Scotia, McIvor has been actively involved in advising First Nation clients, fielding industry and non-Indigenous opposition to true reconciliation, and explaining to government officials why their policies are failing.

McIvor’s essays are honest and heartfelt. In clear, plain language he explains the historical and social forces that underpin the development of Indigenous law, criticizes the current legal shortcomings and charts a practical, principled way forward.

By weaving in personal stories of growing up Métis on the fringes of the Peguis First Nation in Manitoba and representing First Nations in court and negotiations, McIvor brings to life the human side of the law and politics surrounding Indigenous peoples� ongoing struggle for fairness and justice. His writing covers many of the most important issues that have become part of a national dialogue, including systemic racism, treaty rights, violence against Indigenous people, Métis identity, the United Nations Declaration on the Rights of Indigenous People (UNDRIP) and the duty to consult.

McIvor’s message is consistent and powerful: if Canadians are brave enough to confront the reality of the country’s colonialist past and present and insist that politicians replace empty promises with concrete, meaningful change, there is a realistic path forward based on respect, recognition and the implementation of Indigenous rights.

208 pages, Paperback

Published November 1, 2021

19 people are currently reading
276 people want to read

About the author

Bruce McIvor

4Ìýbooks4Ìýfollowers
I'm a passionate advocate for defending and advancing Indigenous rights.

10 years ago I founded First Peoples Law, one of Canada's leading law firms working solely on behalf of First Nations. I'm grateful to my colleagues for recognizing me nationally and internationally as one of Canada’s leading lawyers in Aboriginal law. I represent First Nations across Canada and teach at the University of British Columbia’s Allard School of Law.

My great-grandparents took Métis scrip at Red River in Manitoba. My family was dispossessed of its land at St. Peter's and moved, along with the Peguis First Nation, 200 kms north where they started over again doing their best to farm between swamps and rock ridges. Picking rocks as a kid was one of my motivations for going to university and ultimately becoming a lawyer. I'm a member of the Manitoba Métis Federation.

On my way to becoming a lawyer, I completed a Ph.D. in environmental history and was award a Fulbright Scholarship which allowed me the opportunity to study at the University of Washington and the University of Kansas where I learned a lot and made life-long friends.

My life-partner, Emilie, and I live on the east side of Vancouver. We are blessed with three beautiful children. One of our kids is a member of the Fort Nelson First Nation. The other two are members of the Manitoba Métis Federation.

Emilie and I are thankful for all the support and opportunities we've had and believe it is important to give back where we can. I volunteer as a member of the Board of Directors of Amnesty International Canada (English Division), the Editorial Board of Canadian Lawyer Magazine, and the Board of Trustees of the Unitarian Church of Vancouver.

I love playing hockey, listening to baseball and reading novels.

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5 stars
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Displaying 1 - 25 of 25 reviews
Profile Image for Emmkay.
1,339 reviews139 followers
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October 11, 2024
A collection of essays by a Metis lawyer/prof who acts for First Nations. Bless his heart, he describes his essays as being written for laypeople, but they are still quite lawyerly. They were a very helpful way to get an overview of what’s been going on in the case law around Indigenous rights in Canada over the past twenty years, especially around the ‘duty to consult.� A bit dry, with some of them reading rather like case commentaries on a law firm website, but still well-distilled, and I appreciated the personal touches and insights that peeped through. I’ll be thinking for a long time of McIvor’s observation that the Doctrine of Discovery remains recognized in Canadian law, even if not named as such, and essentially lies at the problematic heart of the concept of reconciliation.
Profile Image for Ben.
2,718 reviews216 followers
December 14, 2022
This was an excellent read.

Really powerful and important book on Indigenous politics and reconciliation.

I was especially moved by this book as a fellow Métis, with ties to Manitoba and BC - similar to the author.

Would highly recommend reading this very timely and important book!

4.8/5
Profile Image for Enid Wray.
1,308 reviews58 followers
March 1, 2022
A fascinating - and critically important title. This is a must read book.

It took me a couple of essays to warm up to this, but once I did, I was on a roll. McIvor does a really good job of laying out his arguments� arguments about the legal foundations, decisions, declarations and interpretations of the fine(r) points of the law and how they relate to Indigenous identity, treaty rights and the need for, and scope of, consultation� the ‘duty to consult.�

Even at that though, it was a tough read - because, in as much as he does try to use ‘clear, plain language� it’s still - at times - a really tough slog through some fairly complex legal arguments. Enough so that at times my head was swimming and I had to read - and re-read - the text to make sure I was following everything correctly.

And while he does use concrete examples - to illustrate the application, intent and/or consequence - in each section (essay)... I still found those discussions to be much more ‘legalese� than ‘plain talk.� I would also have liked more concrete examples to illustrate the various points he was making� more opportunity to learn about how this plays out in real life� more opportunity to fully understand the nuance of the law. The book is short - under 200 pages - so there was lots of scope to have added in more examples by way of illlustration (and yes, I noted his author’s note at the outset and that he consciously chose to leave these essays as originally written).

I will direct anyone interested to an episode of the podcast ‘Reconciliation Road� in which the author discusses this book (Episode 8, January 27th, 2022). This was, for me, in many ways more accessible than the book itself. LINK HERE:

You can also listen to him on CBC's The Current:

Perhaps he will write another book that takes a deep dive into a number of specific legal challenges by way of illustrating the legal precepts he introduces in this title�? Fingers crossed�.

4.5 rounded up to 5
Profile Image for Jessi Collier Wakefield.
584 reviews6 followers
January 11, 2023
As this was an account of the Canadian government's treatment of Indigenous People, there were many things that I was not aware of, but sadly not surprised by. I appreciate the author's work in the field and ability to express what is needed moving forward. I also very much appreciate in the final chapters of the book, his view on allies and things that allies need to be aware of to be truly helpful.

Thank you libro.fm for my ALC.
Profile Image for Kassidy.
1 review
April 28, 2023
A critical book that makes you rethink what you think you know. Profound, truthful, and essential.
Profile Image for Dianne Laheurte.
86 reviews12 followers
January 25, 2022
I think #Standoff would be an excellent resource for every #LandBack community and/or warrior, as well as a good explanation of how interpretation of the laws are changing.

Excellent summaries of Canadian decisions and what it means to Indigenous People and how we can fix this.
Profile Image for Linda.
1,153 reviews1 follower
February 26, 2023
Aboriginal and Indigenous rights in Canada are constantly at odds with the Canadian government. Bruce McIvor, a lawyer, is consistently fighting for those rights. “Standoff� provides a background history, examples, and a five-step plan for reconciliation between the Canadian government and Indigenous people.
One thing that surprised me was the information about British Columbia and how they handle Indigenous lands. One piece of information I had to look up was the interchangeable names of Indigenous, Aboriginal, and First Nation. The U.S. uses Native American or Native people, so I was unsure of the definition of each one.
I know very little about Canadian history, especially Indigenous history. I live in the U.S. and am knowledgeable about Native American history in the southern U.S. As part of my job I work with one Native American Tribe and one Native American Nation and I see similarities between them and those experiences McIvor discusses in the book. I now have a simple familiarity with Canadian laws and how they impact Indigenous people.
The narrator, Lorne Cardinal, had a nice tone in their voice but there was little inflection while reading. I listened at normal speed for the first six sections. Starting in section seven I increased the speed to 1.5 and it didn’t deviate too much from their voice. In the first couple of sections there were times when Cardinal stumbled across some words and the reading sounded choppy but that cleared up later in the book. I normally listen to audio books at 1.75 or 1.8 speed but I didn’t like the way Cardinal sounded at that speed.
“Standoff� is a good introduction to those who have no background knowledge of Canadian law and how it effects Indigenous people. The essays had an easy flow that started out with general information and ended with specific information on how reconciliation can be achieved. I would recommend this book to high school and above reading level. There is a lot of legalese but not so much that the reader would get lost.
#NetGalley and Bespeak Audio Editions provided an Advanced Listeners Copy
Profile Image for Angela.
472 reviews
December 12, 2022
“Faced with a constant stream of news reports of standoffs and confrontations, Canada’s “reconciliation project� has obviously gone off the rails. In this series of concise and thoughtful essays, lawyer and historian Bruce McIvor explains why reconciliation with Indigenous peoples is failing and what needs to be done to fix it.�

Woah. This book is A LOT.

It’s billed as lay-speak, but it’s still very detailed and comprehensive (as one expects from an attorney), so take it slow, ’cause it’s important.

The author, Bruce McIvor is both lawyer (with a PhD in Environmental History, for funzies) and indigenous to Turtle Island, so he’s got a unique (and fairly infallible) knowledge claim.

Each essay was set up with both a true case in Canada, as well as a breakdown of the proceedings, the outcomes, and the possible far-reaching effects.

I particularly liked the “Why It Matters� sections, (where we’re faced with the real-life consequences on actual humans) as well as the “What the Court Didn’t Say�, which showed both the flaws in, and the openings created by our highest court’s decisions.

While I absolutely LOVED Lorne Cardinal’s narration, I definitely think this is one for the eyeballs, not the earholes. It’s very detailed and very lawyerly and I wish I could have had at it with my highlighter.

This book should be in every library.

But also, don’t highlight library books.

8.5/10

Thanks to NetGalley, BeSpeak Audio Editions, and Bruce McIvor for this sobering, yet hopeful ARC.
Profile Image for Maileen Hamto.
282 reviews17 followers
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October 17, 2022
Indigenous legal scholar and lawyer Dr. Bruce McIvor shares a collection of searing essays on the colonial underpinnings of ongoing structural barriers to Canada’s attempts at reconciliation with First Nations peoples. The essays in "Standoff" reflect McIvor’s depth of experience as an advocate for movements that assert Indigenous rights in Canadian courts. McIvor posits that recognition and reconciliation may be easy to talk about, but reality and practice are very different. Canada’s legal system continues to fail Indigenous peoples, despite the country’s espoused values of fairness, justice, and the rule of law.

The lessons offered in this book are important for advocates of Indigenous sovereignty in the U.S. and other settler colonial societies. Through the lens of a non-Indigenous reader, McIvor’s narrative is an eye-opening and honest look at what’s keeping progress on reconciliation at bay. Inequities in power stem from centuries of colonization and disenfranchisement, and these issues have not been adequately addressed. Colonial power structures are upheld even by well-intentioned allies. McIvor breaks down case law and offers examples in plain language. However, legal details may still result in a learning curve for those who are not already familiar with intricacies of Canadian law.
Profile Image for TallieReads.
394 reviews7 followers
January 22, 2023
Thank you to NetGalley and Nightwood Editions for the audio ARC!

What an important and interesting nonfiction read! I have been on a journey to educate myself more on indigenous issues and this was a great audiobook. The narrator managed to keep even the more complex chapters engaging. As this is a collection of essays about the laws surrounding indigenous land in Canada, I was a little worried about my comprehension of the legal jargon. However, I think this book was about as accessible as the author could have possibly made it, considering all the topics covered. This discussed a lot about treaty rights and how they relate to indigenous culture. I also learned a lot about the atrocities committed on the daily by Canadian government, and how they are failing indigenous peoples. Highly recommend, this is a quick read/listen with a big impact!

4.5 Stars rounded up.
Profile Image for Benjamin Kahn.
1,659 reviews14 followers
October 24, 2024
This is a short book, full of short chapters, that gives you a good idea of how reconciliation is being played out deternubed in the law courts of the nation. McIvor keeps each chapter short and simple, and writes in layman's terms. Despite this, I found myself struggling to focus on some chapters - they were just a little too legally for me. Other chapters were short, sharp and shocking.

So although my reaction is kind of a mixed bag, I do think it's an important book to read. It gives you some idea of how the odds are stacked against Canada's indigenous people, and how the government consistently sides on the side of big business and profit over the treaty rights of our native peoples, despite a lot of lip service indicating otherwise.
Profile Image for Jenn.
1,261 reviews6 followers
June 20, 2023
This was a really interesting look into the legal side of reconciliation; I did have to look up a few cases to get the full picture of the repercussions outlined in the book but learning is always good and I now have more information than I had previously. From BC I think especially there were some cases that I am familiar with specifically that were particularly interesting... maybe the word I'm going for here is infuriating.
Profile Image for Brendan Sheehan.
130 reviews
August 13, 2022
Great summary and update on Aboriginal law and the issues facing the Indigenous people in Canada.

Very readable though directed towards more of a legal audience.

Only not giving a 5 star since I thought the structures of the essay didn’t flow that well. But highly recommend this quick but demanding read.
Profile Image for Mathilde Butler.
29 reviews1 follower
September 4, 2022
This book simplifies court cases that have shaped the vision of reconciliation across Canada, and addresses how "Indigenous rights" have evolved. The layout is very easy to digest: a short summary of the case itself, followed by a "Why it matters?" section that also addresses "So what now?" types of questions. McIvor has a unique insight, along with the ability to simplify complex case studies.
Profile Image for Gill.
35 reviews
February 5, 2025
Honestly, no notes. Interesting and necessary. Maybe I read a lot of nonfiction, but I felt it was a perfect read for someone without a legal background. The book inspirits reflection/introspection and the recommended reading list at the end was appreciated. Lorne Cardinal should narrate more books; he is lovely.
Profile Image for Carolyn Whitzman.
AuthorÌý7 books22 followers
December 16, 2022
On the one hand, this set of legal essays on recent Indigenous land rights claims was pretty dry to the lay person. On the other hand, if you want to know more about ‘duty to consult� or ‘land back� or traditional v Indian Act leadership, this is a very good resource.
38 reviews1 follower
December 9, 2023
A bit hard to understand at first because there are some specific legal terms used (e.g., duty to consult) that I wasn't familiar with, but their meaning becomes clear through interesting case studies.
3 reviews
January 4, 2024
Excellent book for law, political science, sociology, and history students. Or anyone interested in how the Doctrine of Discovery impacted indigenous people in Canada, even though it was created in the US and incorporated into US law by the US Supreme Court in 1823.
93 reviews1 follower
October 21, 2023
So much information that every Canadian needs to know to understand our history and genocide. The narration left quite a bit to be desired though.
Profile Image for Alf Harris.
18 reviews8 followers
January 31, 2025
seems to paint the basic picture of reconciliation through various bits of case law. think i was after something a bit more cohesive than short disjointed essays. still interesting tho.
Profile Image for Mandy.
158 reviews3 followers
June 3, 2022
Crystal clear, even for someone like me who knows nothing about law. It's actually quite disheartening to learn Canada doesn't require any Indigenous Supreme Court members (especially with the reasoning McIvor gives).

In this case, I'm an ally. I definitely want to be cautious about speaking over anyone (when he mentioned that he cried because of this, my heart hurt). It was nice to see in print that there are so many actionable items that can be completed if governing bodies make the effort to do them. Perhaps if others read this, they will take Indigenous populations and their treatments into consideration in their lives and work. Seeing that feel-good land acknowledgements are a problem and not a solution didn't surprise me. Additionally, I fully agree with the acceptance of Canada as a racist state. It's evident throughout the essay and there is so much to back up everything mentioned.

I can't imagine how terrible it must be, to continually have to fight for rights in your own country, on what should have been your land. It sounds like an ongoing traumatic experience. The harm done by long corridor projects to real people in real communities is devastating. It's exploitation of both a land and it's peoples.

I would recommend my fellow Canadians to please give this a read.
Profile Image for Chantelle Smith.
27 reviews
August 31, 2024
All Members of the Legislative Assembly, Parliament, and Senate of Canada should read this book.

Excellent and comprehensive plain-language overview of the historical, social, and legal systemic barriers that Indigenous Peoples consistently battle in Canada. Bruce passionately details the struggle for recognition of their inherent dignity and of their equal and inalienable rights as members of the human family, which is the foundation of freedom, justice and peace in the world.

Key takeaways:

#1 - Renounce violence against Indigenous Peoples
Canada must stop using the threat and reality of state sanctioned violence to forcibly remove Indigenous Peoples from their land. Reconciliation cannot be achieved by force.

#2 - Implement the United Declaration on the Rights of Indigenous Peoples (UNDRIP)
The provincial government must ensure UNDRIP principles are implemented in the ongoing application of existing provincial law. In this context, law includes legislation, regulations, and policies.

#3 - Fulfill the federal government's role
Step in when Indigenous rights are threatened by provincial government and resource extraction companies. Feds must fulfill their historical and legal responsibilities to Indigenous Peoples.

#4 - Sign recognition agreements.
Recognition is a pre-requisite for reconciliation.
Put your words into actions.
The courts and actions on the ground perpetuates BC's long history of denial.
Aboriginal title exists - recognize this through agreements.
Recognize the duty to consult.
Confirm respect for Indigenous law.

#5 - Embrace consent-based decision-making.
Certainty, respect, and collaboration depend on this.
Veto and consent are not the same thing.
The former is exercised arbitrarily, the latter is actively sought and occasionally withheld.
Consent-based decision-making is about actively engaging with Indigenous people with the intention of identifying solutions that will result in Indigenous consent. The consent principle dates back to at least the Royal Proclamation of 1763.

All government decision makers and influencers for policies, processes, regulations, and legislation should read this book. We already have so many declarations, frameworks, and action plans in place to effectively guide us and help us to move forward in meaningful ways. I hope that all of these words from the provincial and federal governments make the jump off the paper and screen soon. I feel like all of these frameworks and outlines are built, but then they just sit there like hollow trophies on a shelf for years and years. It's time for action. The journey is now.
Profile Image for Morgan.
861 reviews9 followers
March 22, 2023
I accessed a digital review copy of this book from the publisher.
This book is a collection of essays concerning Indigenous land reclamation and reconciliation in Canada. The author gives his legal perspective on these issues. He gives the historic background and how the laws and issues fit in the modern day.
The book was informative. Because the book is based on legal perspectives, it is a slow read, especially at the beginning. I would still suggest this to anyone who is interested in the topic.
33 reviews3 followers
March 18, 2022
Very interesting book about the challenges and failures of Canada’s legal system in advancing reconciliation with Indigenous Peoples. As a non-lawyer, I found the arguments a little dry - but that is more a reflection of my limits of comprehension than the authors power of conveying a clear argument. I found this book helpful in building my own awareness of Indigenous perspectives on the gaps in reconciliation efforts.
Displaying 1 - 25 of 25 reviews

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