Aboriginal Policy Studies, vol. 6, no. 2, 2017, pp. 142-163
Description
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.
Aboriginal Policy Studies, vol. 6, no. 2, 2017, pp. 120-131
Description
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.
Aboriginal Policy Studies, vol. 6, no. 2, 2017, pp. 26-47
Description
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.
Aboriginal Rights Litigation, Negotiation, and Practice among the Metis of BC: Community Perspectives on Creating Legal Change
Articles » Scholarly, peer reviewed
Author/Creator
Kerry Sloan
Aboriginal Policy Studies, vol. 6, no. 2, 2017, pp. 48-86
Description
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.
The Other Declarations in Daniels: Fiduciary Obligations and the Duty to Negotiate
[Daniels: In and Beyond the Law]
[History, Jurisdiction, and Identity in Daniels v Canada]
[The Chicken and the Egg: Unanswered Questions from Daniels
Media » Film and Video
Author/Creator
Eric Adams
Catherine Bell
Paul Seaman
Description
Three presenters discuss the Daniels decision: First looks at the decision in terms of history, jurisdiction, and identity and citizenship; second analyzes the reasons given by the court for denying two declarations that were sought in the case; and third discusses problem of who can legitimately decide if someone is part of the Métis collective.
Duration: 1:08:05.
Presentations are part of the conference "Daniels: In and Beyond the Law" held at University of Alberta, Jan. 26-27, 2017.
"Les Métis de l'Est": Outlining the Intellectual Currents at the Basis of 'Métis" Self-identification in Québec
Daniels: In and Beyond the Law
You Cannot "Blow Hot and Blow Cold": The Contradictions of Colonialism and the Disregard for Mé Agency in Daniels]
["Get your application in!: Post-Daniels Pitfalls, Self-Identification and the Rush to Become Métis]
[Promises and Pitfalls of Daniels]
Media » Film and Video
Author/Creator
Thomas Isaac
Adam Gaudry
Darryl Leroux
D'Arcy Vermette
Description
Keynote speaker discusses his 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.
Duration: 1:03:28.
Second part (beginning at 1:08:32) consists of panel presentations on "Promises and Pitfalls of Daniels". Speakers discuss implications of decision for Métis self-identification, Métis in Quebec, and the Métis nation.
Presentations are part of the conference "Daniels: In and Beyond the Law" held at University of Alberta, Jan.