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Daniels v. Canada

Author: Nathalie Kermoal

Publisher: Univ. of Manitoba Press

Published: 2021-04-23

Total Pages: 336

ISBN-13: 088755931X

In Daniels v. Canada the Supreme Court determined that Métis and non-status Indians were “Indians” under section 91(24) of the Constitution Act, 1867, one of a number of court victories that has powerfully shaped Métis relationships with the federal government. However, the decision (and the case) continues to reverberate far beyond its immediate policy implications. Bringing together scholars and practitioners from a wide array of professional contexts, this volume demonstrates the power of Supreme Court of Canada cases to directly and indirectly shape our conversations about and conceptions of what Indigeneity is, what its boundaries are, and what Canadians believe Indigenous peoples are “owed.” Attention to Daniels v. Canada’s variegated impacts also demonstrates the extent to which the power of the courts extend and refract far deeper and into a much wider array of social arenas than we often give them credit for. This volume demonstrates the importance of understanding “law” beyond its jurisprudential manifestations, but it also points to the central importance of respecting the power of court cases in how law is carried out in a liberal nation-state such as Canada.

Daniels Volume Canada

Author:

Publisher:

Published: 2016

Total Pages:

ISBN-13:

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This past year, the Supreme Court of Canada unanimously ruled that the term "Indians", as defined in Canada's constitution, includes non-status Indians and Métis. This ruling brought to a close the seminal Daniels v. Canada case, launched in 1999. Hailed by some lawyers as being more significant than Tsilhqot'in, the possible impacts of the Daniels case are tremendous. As a starting point, Métis and non-status individuals and groups will now have an opening in which to pursue land claims and seek access to additional government programs and services. So how will this ruling affect Canada's Métis people? And what further changes could we expect moving forward? Join us for this special 90-minute webinar, where Tom Isaac, a nationally recognized authority in the field of Aboriginal law, and the President of the Métis National Council, Clément Chartier, discuss the emergence and evolution of the Métis Nation, and the challenges and opportunities that flow from the Daniels Decision. Tom and Clément will take you through the history of the Supreme Court of Canada's decisions that have impacted the Métis Nation from Powley to Daniels. They will also contextualize the exclusion of the Métis by the Federal government in a number of key areas. In addition to discussing the Daniels decision, this webinar will also explore the recently released report ""A Matter of National and Constitutional Import: Report of the Minister's Special Representative on Reconciliation with Métis: Section 35 Métis Rights and the Manitoba Metis Federation Decision," "written by Tom Isaac.

From Colonial Legacies to Promising Futures? Unpacking the Daniels V. Canada Decision and the Future of the Métis

Author: Karine Martel

Publisher:

Published: 2020

Total Pages: 0

ISBN-13:

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After years of existing in jurisdictional limbo, the Métis have finally been handed down a Supreme Court declaration affirming that they too, alongside the Inuit and First Nations peoples, fall under the federal government's jurisdiction over "Indians and Lands reserved for the Indians" as outlined under Section 91(24) of the Constitution Act, 1867. While the April 2016 decision in Daniels v. Canada did remove a significant obstacle for the Métis in the pursuit of rights recognition and meaningful negotiations with the federal government, the decision is worth unpacking. This thesis critically examines the Daniels decision from a Métis and decolonizing lens, and explores the potential outcomes and implications of this decision for the Métis. What this thesis finds that this decision has been achieved by relying on colonial concepts of history, Métis identity, as well as colonial expansionist and assimilationist goals from centuries ago. As for the future of this decision, this thesis finds that it remains largely unsolved, but holds great potential- despite the core of the decision being purely about jurisdiction.

Distorted Descent

Author: Darryl Leroux

Publisher: Univ. of Manitoba Press

Published: 2019-09-20

Total Pages: 240

ISBN-13: 0887555942

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Distorted Descent examines a social phenomenon that has taken off in the twenty-first century: otherwise white, French descendant settlers in Canada shifting into a self-defined “Indigenous” identity. This study is not about individuals who have been dispossessed by colonial policies, or the multi-generational efforts to reconnect that occur in response. Rather, it is about white, French-descendant people discovering an Indigenous ancestor born 300 to 375 years ago through genealogy and using that ancestor as the sole basis for an eventual shift into an “Indigenous” identity today. After setting out the most common genealogical practices that facilitate race shifting, Leroux examines two of the most prominent self-identified “Indigenous” organizations currently operating in Quebec. Both organizations have their origins in committed opposition to Indigenous land and territorial negotiations, and both encourage the use of suspect genealogical practices. Distorted Descent brings to light to how these claims to an “Indigenous” identity are then used politically to oppose actual, living Indigenous peoples, exposing along the way the shifting politics of whiteness, white settler colonialism, and white supremacy.

Aboriginal Law

Author: Thomas Isaac

Publisher: Saskatoon : Purich Pub.

Published: 2004-01-01

Total Pages: 559

ISBN-13: 9781895830231

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This edition contains more extensive commentary than earlier editions, and highlights the most important aspects of Canadian law affecting Aboriginal peoples. The author provides detailed information on and analysis of current law, referring to relevant court decisions, statutes, and land claims agreements, many of which are excerpted. All major Supreme Court of Canada decisions on Aboriginal rights in the last four decades are referred to and most are excerpted. The detailed index makes this book easy to use. This book is written and designed for use by anyone interested in Aboriginal legal issues. While national in scope, this book also canvasses the claims of First Nations peoples in BC, the unique situation of Maritime First Nations, land claim agreements in northern Canada, and the special place of the numbered treaties covering the Prairie provinces. Thomas Isaac is a nationally recognized authority in the area of Aboriginal law and the author of many books and articles, including two earlier editions of Aboriginal Law and Aboriginal and Treaty Rights in the Maritimes: The Marshall Decision and Beyond. He practices law with McCarthy Tetrault LLP in Vancouver.

Defining Métis

Author: Timothy P. Foran

Publisher: Univ. of Manitoba Press

Published: 2017-05-10

Total Pages:

ISBN-13: 088755511X

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"Defining Métis" examines categories used in the latter half of the nineteenth century by Catholic missionaries to describe Indigenous people in what is now northwestern Saskatchewan. It argues that the construction and evolution of these categories reflected missionaries’changing interests and agendas. "Defining Métis" sheds light on the earliest phases of Catholic missionary work among Indigenous peoples in western and northern Canada. It examines various interrelated aspects of this work, including the beginnings of residential schooling, transportation and communications, and relations between the Church, the Hudson’s Bay Company, and the federal government. While focusing on the Oblates of Mary Immaculate and their central mission at Île-à-la-Crosse, this study illuminates broad processes that informed Catholic missionary perceptions and impelled their evolution over a fifty-three-year period. In particular, this study illuminates processes that shaped Oblate conceptions of sauvage and métis. It does this through a qualitative analysis of documents that were produced within the Oblates’ institutional apparatus – official correspondence, mission journals, registers, and published reports. Foran challenges the orthodox notion that Oblate commentators simply discovered and described a singular, empirically existing, and readily identifiable Métis population. Rather, he contends that Oblates played an important role in the conceptual production of les métis.

Rooster Town

Author: Evelyn Peters

Publisher: Univ. of Manitoba Press

Published: 2018-10-16

Total Pages: 296

ISBN-13: 0887555667

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Melonville. Smokey Hollow. Bannock Town. Fort Tuyau. Little Chicago. Mud Flats. Pumpville. Tintown. La Coule. These were some of the names given to Métis communities at the edges of urban areas in Manitoba. Rooster Town, which was on the outskirts of southwest Winnipeg endured from 1901 to 1961. Those years in Winnipeg were characterized by the twin pressures of depression, and inflation, chronic housing shortages, and a spotty social support network. At the city’s edge, Rooster Town grew without city services as rural Métis arrived to participate in the urban economy and build their own houses while keeping Métis culture and community as a central part of their lives. In other growing settler cities, the Indigenous experience was largely characterized by removal and confinement. But the continuing presence of Métis living and working in the city, and the establishment of Rooster Town itself, made the Winnipeg experience unique. Rooster Town documents the story of a community rooted in kinship, culture, and historical circumstance, whose residents existed unofficially in the cracks of municipal bureaucracy, while navigating the legacy of settler colonialism and the demands of modernity and urbanization.

The Oxford Handbook of the Canadian Constitution

Author: Peter Crawford Oliver

Publisher: Oxford University Press

Published: 2017

Total Pages: 1169

ISBN-13: 0190664819

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The Oxford Handbook of the Canadian Constitution provides an ideal first stop for Canadians and non-Canadians seeking a clear, concise, and authoritative account of Canadian constitutional law. The Handbook is divided into six parts: Constitutional History, Institutions and Constitutional Change, Aboriginal Peoples and the Canadian Constitution, Federalism, Rights and Freedoms, and Constitutional Theory. Readers of this Handbook will discover some of the distinctive features of the Canadian constitution: for example, the importance of Indigenous peoples and legal systems, the long-standing presence of a French-speaking population, French civil law and Quebec, the British constitutional heritage, the choice of federalism, as well as the newer features, most notably the Canadian Charter of Rights and Freedoms, Section Thirty-Five regarding Aboriginal rights and treaties, and the procedures for constitutional amendment. The Handbook provides a remarkable resource for comparativists at a time when the Canadian constitution is a frequent topic of constitutional commentary. The Handbook offers a vital account of constitutional challenges and opportunities at the time of the 150th anniversary of Confederation.

Canadian Law and Indigenous Self?Determination

Author: Gordon Christie

Publisher: University of Toronto Press

Published: 2019

Total Pages: 447

ISBN-13: 1442628995

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Canadian Law and Indigenous Self-Determination demonstrates how, over the last few decades, Canadian law has attempted to remove Indigenous sovereignty from the Canadian legal, social, and political landscape.