Minh Do
Biographic Data
| ID | 1246708 |
|---|---|
| NAME | Minh Do |
| GIVEN NAMES | Minh |
| FAMILY NAME | Do |
| SIGNATURE | DO M |
| AFFILIATIONS | University of Guelph |
| ORCID | 0000-0002-6601-4232 |
| VERIFIED | Yes |
| TOTAL WORKS | 6 |
| TOTAL CITATIONS | 2 |
| AUTHOR COUNT | 6 |
| EDITOR COUNT | 0 |
| FIRST PUBLICATION YEAR | 2020 |
| LATEST PUBLICATION YEAR | 2025 |
| H-INDEX | 1 |
Sticking to Our Lanes
Canadian politics is shaped by three intersecting areas of constitutional law: Aboriginal rights, federalism and Charter jurisprudence. While a canon has emerged on the role of courts in Canadian democracy, it is often asserted that Charter scholarship dominates the field. Is this true—and does it matter? We address these questions through a systematic survey of 423 studies published between 2012 and 2022 in leading Canadian journals, books and e…
After the Injunction
Indigenous land defenders challenging major projects on traditional territory remains an enduring feature of Canadian politics. These projects can be protected by court-issued injunctions that can authorize the state to dispel land defenders. Although there is a growing body of scholarship that shows how injunctions are typically granted to favour businesses and the state (Pasternak and Ceric, 2023), the sentencing of individuals who violate inju…
Multilevel governance, climate (in)justice, and settler colonialism—evidence from First Nations disaster evacuations in so-called Canada
Wildfires and subsequent community evacuations offer a highly visible example of climate change-induced dislocation. In so-called Canada, both the changing climate and reconciliation with Indigenous Peoples are policy priorities for the federal government and certain provincial governments, like the Province of British Columbia. Despite these purported policy priorities, we find evidence that colonial logics–like the rejection of Indigenous gover…
How Should Courts Respond to Political Questions? Exploring the Dialogical Turn in the Supreme Court of Canada’s Federalism and Indigenous Case Law
In this article, we: (1) advance a theory for how courts should respond to highly political disputes about jurisdictional authority, and (2) assess whether courts can achieve this ideal. Our theory draws from normative realism to argue that courts should push conflict back into the political realm whenever possible—facilitating free and fair dialogue by outlining rules and principles to guide negotiations, while also rejecting zero-sum outcomes w…
Salient Indigenous Acts of Resistance in Canada, 2010–2020
Indigenous peoples continue to challenge Canadian colonial policies through nonroutine acts of resistance. Sustained scholarly attention on the frequency and characteristics of Indigenous resistance has dropped precipitously, with the time span of this scholarship typically ending by the early 2000s. Research on more recent acts of resistance is directed to small-n case studies. This research note examines Indigenous resistance in Canada between …
Throughput Legitimacy and the Duty to Consult
The duty to consult mandates that the Crown must consult affected Indigenous parties when Crown action may negatively impact Aboriginal rights or title claims. The Supreme Court of Canada (SCC) has emphasized that the duty should be characterized by honourable dealings and good faith negotiations. This article argues that the concept of throughput legitimacy can help evaluate the Crown's conduct in consultation. By analyzing 131 British Columbia …
Multilevel governance, climate (in)justice, and settler colonialism—evidence from First Nations disaster evacuations in so-called Canada
Wildfires and subsequent community evacuations offer a highly visible example of climate change-induced dislocation. In so-called Canada, both the changing climate and reconciliation with Indigenous Peoples are policy priorities for the federal government and certain provincial governments, like the Province of British Columbia. Despite these purported policy priorities, we find evidence that colonial logics–like the rejection of Indigenous gover…
Throughput Legitimacy and the Duty to Consult
The duty to consult mandates that the Crown must consult affected Indigenous parties when Crown action may negatively impact Aboriginal rights or title claims. The Supreme Court of Canada (SCC) has emphasized that the duty should be characterized by honourable dealings and good faith negotiations. This article argues that the concept of throughput legitimacy can help evaluate the Crown's conduct in consultation. By analyzing 131 British Columbia …
Throughput Legitimacy and the Duty to Consult
The duty to consult mandates that the Crown must consult affected Indigenous parties when Crown action may negatively impact Aboriginal rights or title claims. The Supreme Court of Canada (SCC) has emphasized that the duty should be characterized by honourable dealings and good faith negotiations. This article argues that the concept of throughput legitimacy can help evaluate the Crown's conduct in consultation. By analyzing 131 British Columbia …
Multilevel governance, climate (in)justice, and settler colonialism—evidence from First Nations disaster evacuations in so-called Canada
Wildfires and subsequent community evacuations offer a highly visible example of climate change-induced dislocation. In so-called Canada, both the changing climate and reconciliation with Indigenous Peoples are policy priorities for the federal government and certain provincial governments, like the Province of British Columbia. Despite these purported policy priorities, we find evidence that colonial logics–like the rejection of Indigenous gover…
How Should Courts Respond to Political Questions? Exploring the Dialogical Turn in the Supreme Court of Canada’s Federalism and Indigenous Case Law
In this article, we: (1) advance a theory for how courts should respond to highly political disputes about jurisdictional authority, and (2) assess whether courts can achieve this ideal. Our theory draws from normative realism to argue that courts should push conflict back into the political realm whenever possible—facilitating free and fair dialogue by outlining rules and principles to guide negotiations, while also rejecting zero-sum outcomes w…
Salient Indigenous Acts of Resistance in Canada, 2010–2020
Indigenous peoples continue to challenge Canadian colonial policies through nonroutine acts of resistance. Sustained scholarly attention on the frequency and characteristics of Indigenous resistance has dropped precipitously, with the time span of this scholarship typically ending by the early 2000s. Research on more recent acts of resistance is directed to small-n case studies. This research note examines Indigenous resistance in Canada between …
Sticking to Our Lanes
Canadian politics is shaped by three intersecting areas of constitutional law: Aboriginal rights, federalism and Charter jurisprudence. While a canon has emerged on the role of courts in Canadian democracy, it is often asserted that Charter scholarship dominates the field. Is this true—and does it matter? We address these questions through a systematic survey of 423 studies published between 2012 and 2022 in leading Canadian journals, books and e…
After the Injunction
Indigenous land defenders challenging major projects on traditional territory remains an enduring feature of Canadian politics. These projects can be protected by court-issued injunctions that can authorize the state to dispel land defenders. Although there is a growing body of scholarship that shows how injunctions are typically granted to favour businesses and the state (Pasternak and Ceric, 2023), the sentencing of individuals who violate inju…
Indigenous (5 works) · Law (5 works) · Political science (5 works) · Law (4 works) · Ecology (3 works) · Legitimacy (3 works) · Politics (3 works) · Sociology (3 works) · Biology (2 works) · Colonialism (2 works)