Métis Crown Relations. Rights, Identity, Jurisdiction and Governance
- Publisher:
- Irwin Law Inc.
- Publication date:
- 2008-09-02
- Authors:
-
Frederica Wilson
Melanie Mallet - ISBN:
- 9781459336308
Description:
This book examines the evolving relationship between the Crown (ie. federal and provincial governments) and Canada’s Métis people. It is comprised of papers presented to a national symposium jointly sponsored by the former Law Commission of Canada and the Métis National Council in Winnipeg in February 2006. Contributors include leading academics, lawyers, government officials and Métis leaders. The book analyzes the impact of s.35 of the Constitution Act which defines the Métis as an aboriginal people and the aboriginal rights which are guaranteed by the Constitution. Further it examines the recent jurisprudence, particularly R. v. Powley, which has helped to clarify both the meaning and substance of Métis aboriginal rights, and the limits of federal and provincial jurisdiction. Finally the book looks at models of self-governance for Métis communities.
Index
- Preliminary Sections
- Foreword
- Introduction
- Ethnohistory and the Development of Native Law in Canada: Advancing Aboriginal Rights or Re-inscribing Colonialism?
- Defining the 'Métis' of Canada: A Principled Approach to Crown-Aboriginal Relations
- Federal and Provincial Crown Obligations to the Métis
- Beyond Space and Time - A Purposive Examination of Section 91(24) of the Constitution Act, 1867
- Are the Métis in Section 91(24) of the Constitution Act, 1867? An Issue Caught in a Time-Warp
- Reconciling Differences between the Métis Nation and the Crown: An Agenda for Law Reform
- Neither Fish nor Indians': Pursuing Crown-Métis Relations through Historical Evidence Concerning Policies and the Constitution Act, 1930
- Métis Interjurisdictional Immunity: A Third Way to Protect Métis Constitutional Rights?
- Fiddling with Head 91(24): Métis Interjurisdictional Immunity
- Interjurisdictional Immunity and Métis Aboriginal Rights: A Provincial Perspective
- The Métis and the Doctrine of Interjurisdictional Immunity: A Commentary
- The Métis Nation's Self-Government Agenda: Issues and Options for the Future
- Métis Self-Government: Reflections on the Way Forward
- The Aboriginal Justice Inquiry - Child Welfare Initiative: Creating the Métis Child and Family Services Authority
- Government on the Métis Settlements: Foundations and Future Directions
- Author Biographies
- Table of Cases
- Index