Rights

Provides overview of Métis history, reviews significant agreements and legislation, indexes case law summaries and discusses new developments.

Discusses Section 31 of the Manitoba Act of 1870 and Section 15 and 35 of the Constitution Act of 1982. To access article scroll to p. 109.

Decision of the Supreme Court of Canada concerning traditional rights of Metis as Aboriginal peoples and recognition of the right to exercise them.

Book review of: Aboriginal Peoples and the Law edited by Bradford W. Morse.

Current as of 1999. Includes some material pertaining to Canada as a whole.

Discussion of R. v. Blais and the Supreme Court of Canada's decision.

One of the few cases that directly addresses Metis rights analyzed in the context of the Constitutional terms and when the right to hunt may be exercised.

Social Science Thesis (Ph.D)--University of Manchester, 2017.

Common Law Thesis (LL.D)--University of Ottawa, 2012.

History Thesis (M.A.)--University of Saskatchewan, 2017.

Excerpts from a description written by Rev. George Antoine Belmont of a buffalo hunt which took place in 1845.

Looks at application of common law applies to the Métis people and the special circumstances surrounding duty to consult cases due to history and constitutional recognition.

Comments on a court case that will push the federal and provincial governments to discuss Métis rights and accept a definition of who is Métis.

Law Thesis (LL.M.)--University of Saskatchewan, 2006.

Book review of: Circles of Time: Aboriginal Land Rights and Resistance in Ontario by David T. McNab.

Background to the Commission's role in enumerating Métis entitled to land, followed by transcript of Chief Commissioner's account of its activities.

Based on analysis of transcripts of Hirsekorn case in which judges had to render a decision on the Métis identity of the accused and his membership in a rights-holding Métis community.

Law Thesis (PhD)--University of Victoria, 2016.

Presents a draft paper prepared for the Canadian/Indigenous Studies Association conference in Saskatoon, June 2, 2001 that discusses the history and definition of "Métis".

Discussion of section 35 of the Constitution Act, 1982 and the fact that 22 years after its enactment, it is still unclear what "recognition" of aboriginal and treaty rights means.

Focuses on development of doctrine of Aboriginal rights by the courts since the 1982 amendment and defining who constitutes the "Métis people" in section 35.

Article from 1993 Conference proceedings, discussing Metis rights to self-government, lands, and how these pertain to law and justice. Excerpt from Continuing Poundmaker & Riel's Quest: Presentations Made at a Conference on Aboriginal Peoples and Justice compiled by Richard Gosse, James Youngblood Henderson, Roger Carter.

Sociology Thesis (Ph.D.)--University of Alberta, 2005.

Explains that the hunting rights awarded to the Métis is really a legal recognition of their special rights under the constitution as a people.

History Thesis (Ph.D.)--The University of Saskatchewan, 1994.

Speakers discuss struggles for Métis rights and recognition which led to Daniels case and the Supreme Court's ruling that Métis and non-Status individuals fall within the definition of "Indian" in section 91(24) of the Constitution Act,1867; Maria Campbell reminisces about leader Harry Daniels, who initiated the court action. Duration: 1:59:52. Presentations are part of the conference "Daniels: In and Beyond the Law" held at University of Alberta, Jan. 26-27, 2017.

Ruling rendered on April 14, 2016 extends rights to Métis and non-status Indians.

Discusses case involving Métis and Non-Status Indians. Plaintiffs sought three declarations: that the two groups are "Indians" as defined by the Constitution Act, 1867; that the Crown owes a fiduciary duty to them; and they have the right to be consulted and negotiated with as to their rights, interests, and needs.

Case developed requirement that s. 35 rights be vested in "historic" communities (existed before European control) and there must be continuity with present-day communities. Author interviewed 23 people about problems with application of the decision in three cases: Howse, Nunn, and Willison.

Outlines the major objectives of the Metis and non-status indigenous people in Canada. Appendices include: Metis National Anthem, Metis petitions for special rights 1845, List of Rights from Metis Provisional Government 1870, Constitutional and Legislative Recognition of Rights of Metis and Non-Status Indians, Metis Petitions, and the Principles of the Metis Movement.

Discussion of how courts have defined term "Métis peoples" with particular reference to R. v. Powley.

Identifies sources and methods for documenting Métis during the fur trade period in Ontario in order to investigate legal and historical questions related to contemporary rights of Métis in that province.

Consists of an interview with non-Indian employed at the Gabriel Dumont Institute in Regina. At the time of the interview he was writing a book on the history of the Metis nation.

Looks at the definition of rights-bearing Métis and the challenges involved with the consultation processes for environmental issues.

Looks at the problems encountered when discussing resource co-management and self-government with non-status and Métis Indians.

Discusses the Supreme Court of Canada's decision that the federal government's jurisdiction over First Nations and Inuit people extends to the Métis.

Anthropology Thesis (M.A.)--University of Montana, 2007.

Author discusses testimony he has given in treaty rights harvesting cases and land claims cases he has testified for and the outcomes.

Research study discusses historical, cultural and political factors regarding Métis Nation governance structures and explores options for future development.

Book review of: Expressions In Canadian Native Studies edited by Ron F. Laliberte, Priscilla Settee, James B. Waldram ... et al.

Sociology and Anthropology Thesis (M.A.)--University of Ottawa, 2012.