Adapted for the Alberta context from the KAIROS Blanket Exercise, an interactive learning experience focusing on the historical and contemporary relationship between Indigenous and non-Indigenous peoples of Canada. Themes explored are: assimilation, discrimination, Indigenous rights and reconciliation.
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.
Harry Daniels and the Daniels Case: A Son's Perspective on the Man, His Legacy and Vision for a United Métis Nation
Threading the Constitutional Needle with Sinew of Métisland and Métis
[What Brought It On - and Did We Get What We Wanted?]
Media » Film and Video
Author/Creator
Tony Belcourt
Elmer Ghostkeeper
Gabriel Daniels
Maria Campbell
Description
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.
Presenter discusses how the decision aligns with or fails to meet some of the standards set out in international law and human rights instruments, the issue of Indigenous self-definition and membership, and implications in terms of right to traditional lands, territories and resources.
Duration: 49:23.
Presentation is part of the conference "Daniels: In and Beyond the Law" held at University of Alberta, Jan. 26-27, 2017.
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.
Aboriginal Policy Studies, vol. 6, no. 2, 2017, pp. 132-141
Description
Argues the volume of research needs to increase; recognition of importance of distinction between "historic" and "historical" is needed by legal practitioners; lawyers need to be more candid with clients about probability of a litigation's success; and clearer communication needs to take place about understandings of what an "economic" role is.
"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.
Aboriginal Policy Studies, vol. 6, no. 2, 2017, pp. 87-119
Description
Looks at four reasons to reject the standard discourse: reliance on negative proof, represents governmental apologist manoeuvring, based on methodological individualism, the undermining of Aboriginal cultures in the writings of Thomas Flanagan.