Rights

Displaying 51 - 100 of 191

"Finding" Metis Communities

Articles » Scholarly, peer reviewed
Author/Creator
Sebastien Grammond
Lynne Groulx
The Canadian Journal of Native Studies, vol. 32, no. 1, 2012, pp. 33-48
Examines the legal criteria for Métis identity, including self-identification, connections to a historic community, and acceptance by a community.
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The First Decade of RCAP's Influence on Aboriginal Law

Alternate Title
The First Decade of Royal Commission on Aboriginal People's Influence on Aboriginal Law
Articles » Scholarly, peer reviewed
Author/Creator
David Stack
Saskatchewan Law Review, vol. 70, 2007, pp. 123-152
Suggests that RCAP has provided litigants with social facts that have allowed the courts to change the rules of evidence and sentencing.
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Foundational Document: Canada-Métis Nation Accord

Articles » Scholarly, peer reviewed
Author/Creator
Canada
Métis National Council
Aboriginal Policy Studies, vol. 7, no. 2, January 31, 2019, pp. 102-110
A Copy of the Canada-Métis Nation Accord, 2017, the signing of which makes official a Nation-to-Nation relationship between Canada and the Métis Nation.
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Gabriel Dumont: Métis Legend

Media » Film and Video
Author/Creator
Gabriel Dumont Institute of Native Studies and Applied Research
Martin Shulman
Calvin Racette
Lorna Payne
Peter Myo

Brief video discusses the life of the Metis leader and his role in the 1885 Resistance. Duration:  7:25.

Related Material: Transcript; Teacher's Guide.

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Halfbreeds: Primary Source Material

Alternate Title
Claims and Historical Research Centre ; B.27
Half-Breeds: Primary Source Material
Documents & Presentations
Author/Creator
Dennis Madill
Sources include Record Group 10 records relating to Indian Affairs (1872-1950), Sir John A. Macdonald Papers, Alexander Mackenzie Papers, David Laird Papers, Alexander Morris Papers, Edgar Dewdney Papers, and L. Vankoughnet Letterbooks.
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Harry Daniels, Gabriel Daniels, Leah Gardner, Terry Joudrey and the Congress of Aboriginal Peoples and Her Majesty the Queen, as Represented by the Minister of Indian Affairs and Northern Development and the Attorney General of Canada: Reasons For Judgment

Documents & Presentations
Author/Creator
Federal Court of Canada
Federal court case to decide if non-status Indian and Métis should be identified as "Indians" under the Constitution Act, 1867.
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Harvesters Push the Boundaries of Provincial Law

Articles » General
Author/Creator
Shari Narine
Windspeaker, vol. 28, no. 6, September 2010, p. 9

Looks at a court case dealing with the rights of Métis to hunt and harvest across provincial borders.

Entire issue on one pdf. To access article scroll to p.9.

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Her Majesty in Right of Newfoundland and Labrador as Represented by the Minister of Environment and Conservation and the Minister of Transportation and Works

and The Labrador Métis ...

Alternate Title
In the Supreme Court of Newfoundland and Labrador Court of Appeal
Newfoundland and Labrador vs. Labrador Métis Nation
Documents & Presentations
Author/Creator
Supreme Court of Newfoundland and Labrador
Court of Appeal
At issue is whether Métis located in southern Labrador have rights which compel the Crown to engage in consultation regarding areas affected by Phase III of the Trans-Labrador Highway.
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Identity Crisis

Alternate Title
APTN Investigates
Media » Film and Video
Author/Creator
Aboriginal Peoples Television Network (APTN)
Todd Lamirande
Kathleen Martens
Melissa Ridgen

Looks at the controversy over the legitimacy of "Eastern Métis".

Duration: 23:54.

 

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Jurisprudential Challenges

Alternate Title
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
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.
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Land Claims [Part One]

Alternate Title
Métis Land: Rights and Scrip Conference
Métis Scrip: A Claim Against the Crown
The Need for a Unique Métis Claims Process - Minister's Special Representative Report (2016) on Métis Section 35 Rights
Media » Film and Video
Author/Creator
Thomas Isaac
Zachary Davis
Two presentations: "The Need for a Unique Métis Claims Process - Minister's Special Representative Report (2016) on Métis Section 35 Rights" and "Métis Scrip: A Claim Against the Crown". Followed by question and answer period. Duration: 1:54:44.
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Land Claims [Part Two]

Alternate Title
A Framework for Recognition of Métis Rights and Aspirations
Métis Land: Rights and Scrip Conference
Métis Nation of Alberta's Registry: A Digital Approach to Connecting Historical and Contemporary Communities
MNA's Registry: A Digital Approach to Connecting Historic and Contemporary Communities
Reconciling Métis Rights: Strategies for Negotiations with the Crown
Media » Film and Video
Author/Creator
Douglas Eyford
Ryan Shackleton
Harry Slade
Three presentations: "Reconciling Métis Rights: Strategies for Negotiations with the Crown"; "MNA's Registry: A Digital Approach to Connecting Historic and Contemporary Communities"; and "A Framework for Recognition of Métis Rights and Aspirations". Followed by question and answer period.
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Leaving Ste. Madeleine: A Michif Account

Articles » Scholarly, peer reviewed
Author/Creator
Olivia N. Sammons
Canadian Journal of Native Studies, vol. 33, no. 2, 2013, pp. 149-164
Provides a first hand account of one family's forced relocation from a small Métis community in southwestern Manitoba. Text in both Michif and English.
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Louis Riel’s Petition of Rights, 1884

Articles » General
Author/Creator
William Henry Jackson
Louis Riel
[William Pearce
Nicholas Davin Flood]
Saskatchewan History, vol. 23, no. 1, Winter, 1970, pp. [16]-26
A copy of the petition composed on behalf of the Inhabitants District of Lorne (which included the town of Prince Albert, and the Métis settlements St. Laurent and Batoche) in December of 1884 and delivered to Ottawa. Also included is letter from Nicholas Davin Flood, and an internal memorandum of the Department of the Interior by William Pearce. Entire issue on one pdf file, scroll to page 16.
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Manitoba Métis Federation v. Canada (Attorney General): Understanding the Supreme Court of Canada's Decision

Documents & Presentations
Author/Creator
Jean Teillet
Jason Madden
Case involved lands promised in the Manitoba Act, 1870 and the contention that legislation enacted by Manitoba government, which affected implementation of the Act, was not within the province's jurisdiction. Court issued this declaration: "“[t]hat the federal Crown failed to implement the land grant provision set out in s. 31 of the Manitoba Act, 1870 in accordance with the honour of the Crown.”
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Manitoba Metis Join Prairie Coalition to Pursue Land Rights

Articles » General
Author/Creator
Joan Taillon
Windspeaker, vol. 19, no. 10, February 2002, p. 8,15

Manitoba Métis President David Chartrand awaits a Court of Queen's Bench decision that will include issues related to scrip, Métis land and harvesting rights.

Entire issue on one pdf. To access article scroll to p.8.

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Métis Aboriginal Rights and the "Core of Indianness"

Articles » Scholarly, peer reviewed
Author/Creator
Mark L. Stevenson
Saskatchewan Law Review, vol. 67, no. 1, 2004, pp. 301-313
Argues that Metis should be included in the definition of "Indians" in the Constitution Act and therefore fall under federal jurisdiction.
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Métis Action, Canadian Law and Historical Research: Preliminary Thoughts about Strategies for Current Efforts

Articles » Scholarly, peer reviewed
Author/Creator
Signa A. Daum Shanks
Aboriginal Policy Studies, vol. 6, no. 2, 2017, pp. 132-141
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.
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The Métis and the Social Sciences

Articles » Scholarly, peer reviewed
Author/Creator
Ron Rivard
Native Studies Review, vol. 3, no. 2, Native Peoples, Museums, and Heritage Resource Management, 1987, pp. 1-6
Contributes to the academic debate on the position of Métis peoples as a distinct culture in support of recognition, self-determination, and self-government.
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Metis Are People with Rights

Articles » Scholarly, peer reviewed
Catholic Insight, vol. 9, no. 4, May 2001, p. 24
Provides discussion of the Powley case in which the Ontario Court of Appeal held that Métis are a people with comparable rights to those of First Nations.
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Metis Constitutional Rights in Section 35(1)

Articles » Scholarly, peer reviewed
Author/Creator
Catherine Bell
Alberta Law Review, vol. 36, no. 1, Symposium on Aboriginal Legal Issues, December 1997, pp. 180-217
Argues that the definition of Aboriginal rights must be broadened to include all Aboriginal peoples and that the inherent, sui generis rights of the Metis should date not from pre-contact but from the imposition of colonial law and government.
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Métis-Crown Relations Through an International Treaty Lens

Articles » Scholarly, peer reviewed
Author/Creator
Brenda Gunn
Bryn Rieger
Aboriginal Policy Studies, vol. 6, no. 2, 2017, pp. 4-25
Argues the agreement that led to the passing of the Manitoba Act in 1870 is a viable treaty according to international law.
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Métis Harvesting Rights in Canada: R v Powley

Articles » Scholarly, peer reviewed
Author/Creator
Jean Teillet
Indigenous Law Bulletin, vol. 5, no. 12, October 2001, p. 72
The Ontario Court of Appeal hears a case regarding the Métis right to hunt, as protected in s. 35 of the Canadian Constitution.
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Metis Harvesting Rights Upheld in Ontario Court

Articles » General
Author/Creator
Joan Taillon
Windspeaker, vol. 19, no. 12, April 2002, p. 9

Comments on how the Metis successfully attained the right to hunt and fish for food in Ontario.

Entire issue on one pdf. To access article scroll to p.9.

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Métis in Canada: History, Identity, Law and Politics

Book Reviews
Author/Creator
Jennifer Hayter
BC Studies, no. 184, Winter, 2014/2015, pp. 141-142
Book review of Métis in Canada edited by Christopher Adams, Gregg Dahl, and Ian Peach. Entire book review section on one PDF. To access this review scroll to p. 141.
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