Rethinking Insularity in the Canadian Constitutional System

Abstract The article offers an analysis of the potential of the insularity concept into the Canadian constitutional framework considering environmental degradation and Indigenous rights. The analysis highlights how ecological conservation supports the right to self-determination of the most vulnerable social groups, island communities and Indigenous Peoples, as the Inuit in the Arctic Archipelago. The discussion introduces the most recent interpretation of article 7, 15 and 35 of the Canadian Constitutional law and the distinctions-based approach of the modern treaties. For these reasons, the article is a valid exercise in legal transplants among different constitutional cases of insularity .