International Journal For Multidisciplinary Research

E-ISSN: 2582-2160   •   Impact Factor: 9.24

A Widely Indexed Open Access Peer Reviewed Multidisciplinary Bi-monthly Scholarly International Journal

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Volume 8 Issue 2
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Law, Land, and Legitimacy: A Comparative Inquiry into Indigenous Rights in Canadian and International Legal Regimes

Author(s) Dr. Imbenzi George
Country Canada
Abstract This study undertakes a comparative inquiry into the recognition and implementation of Indigenous land rights within Canadian and international legal regimes . Through an interpretivist thematic analysis and case study approach, it argues that despite progressive jurisprudential developments, the Canadian framework remains constrained by its foundation in Crown sovereignty and Western property concepts , failing to comply with Indigenous relationships to land. Conversely, international instruments, particularly the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) , offer a more holistic paradigm centered on self-determination and Free, Prior, and Informed Consent (FPIC) . By synthesizing theoretical frameworks of Indigenous Institutional Theory and Indigenous Standpoint Theory, the analysis reveals core tensions between state sovereignty and self-determination, and between property rights and relational worldviews. The study concludes that transformative reconciliation necessitates a plurinationalism future that moves beyond incremental reform to genuinely implement UNDRIP’s standards, thereby centering Indigenous jurisdiction and epistemologies in the governance of traditional territories.
Keywords Indigenous Land Rights, Comparative Legal Regimes, UNDRIP, Transformative Reconciliation, Self-Determination
Published In Volume 8, Issue 2, March-April 2026
Published On 2026-03-14
DOI https://doi.org/10.36948/ijfmr.2026.v08i02.70923
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E-ISSN 2582-2160
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