Treaties vs. Terra Nullius: “Reconciliation,” Treaty-Making and Indigenous Sovereignty in Australia and Canada

Abstract

Canada's various approaches to Indigenous-state relations are often remarked upon in Australian public and academic discourse as models from which Australia might learn.Indeed, at first glance, Canada appears to be well ahead of Australia in its approach to recognizing Indigenous peoples' rights. 2 For example, historically treaties were signed in Canada with the Indigenous populations, and currently many treaty negotiations are taking place.The Inuit recently brokered a famous agreement that provides for Inuit self-government in, and jurisdiction over, the Nunavut territory. 3Unlike in Australia,