Daniels V Canada
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| Author | : Nathalie Kermoal |
| Publisher | : Univ. of Manitoba Press |
| Total Pages | : 336 |
| Release | : 2021-04-23 |
| Genre | : Law |
| ISBN | : 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.
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| Release | : 2016 |
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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.
| Author | : Karine Martel |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2020 |
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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.
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| Total Pages | : 26 |
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| Author | : Yvonne Boyer |
| Publisher | : UBC Press |
| Total Pages | : 236 |
| Release | : 2021-05-15 |
| Genre | : Social Science |
| ISBN | : 0774865997 |
Bead by Bead examines the parameters that current Indigenous legal doctrines place around Métis rights discourse and moves beyond a one-size-fits-all approach. Contributors to this volume address the historical denial of Métis concerns with respect to land, resources, and governance. Tackling such themes as the invisibility of Métis women in court decisions, identity politics, and racist legal principles, they uncover the troubling issues that plague Métis aspirations for a just future. By revealing the diversity of Métis identities and lived reality, this critical analysis opens new pathways to respectful, inclusive Métis-Canadian constitutional relationships.
| Author | : Darryl Leroux |
| Publisher | : Univ. of Manitoba Press |
| Total Pages | : 240 |
| Release | : 2019-09-20 |
| Genre | : History |
| ISBN | : 0887555942 |
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.
| Author | : Timothy P. Foran |
| Publisher | : Univ. of Manitoba Press |
| Total Pages | : 349 |
| Release | : 2017-05-10 |
| Genre | : History |
| ISBN | : 088755511X |
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.
| Author | : Thomas Isaac |
| Publisher | : Saskatoon : Purich Pub. |
| Total Pages | : 559 |
| Release | : 2004-01-01 |
| Genre | : Law |
| ISBN | : 9781895830231 |
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.
| Author | : Evelyn Peters |
| Publisher | : Univ. of Manitoba Press |
| Total Pages | : 296 |
| Release | : 2018-10-16 |
| Genre | : History |
| ISBN | : 0887555667 |
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.
