2002 Donald Smiley Prize

Winner: Patrick Macklem (University of Toronto)

Indigenous Differences and the Constitution of Canada (University of Toronto Press, 2001)

Excerpt from jury report: The book Indigenous Difference and the Constitution of Canada is a landmark study. Professor Patrick Macklem has produced a sweeping account of « indigenous difference », in which he first explores its dimensions and then demonstrates how Aboriginal differences imply distinct indigenous interests, rights and positions in the Canadian constitutional order, an order that itself gains legitimacy by justly accommodating indigenous difference. The book is remarkable for its scope, its deep and thorough research in law, political science, philosophy and history, and its subtle and sophisticated argumentation. It is also distinguished by the author’s unbending concern for justice, fairness and equality.