2003 Donald Smiley Prize

Winner: John Borrows (University of Victoria)

Recovering Canada: The Resurgence of Indigenous Law (University of Toronto Press, 2002)

Excerpt from jury report: John Borrows had a formidable task in writing Recovering Canada: The Resurgence of Indigenous Law. First, in outlining the contribution of traditional aboriginal law to the Common Law in Canada, he had to find a way to make the narrative compelling to those whose interest in legal studies extends beyond standard case law, and into a more esoteric realm. Second, at least for the purpose of this prize, he was obliged to make his argument broadly appealing to political scientists. He succeeded brilliantly on both dimensions. The book constitutes a fascinating journey into a portion of our shared heritage that most Canadians know little about. Recovering Canada should become a staple for students of aboriginal studies and constitutional politics in Canada.