Métis Crown Relations: Rights, Identity, Jurisdiction and Governance

ISBN-13: 9781552211588 / Angielski / Miękka / 2008 / 500 str.

Frederica Wilson; Melanie Mallet

Opis

This book examines the evolving relationship between the Crown (ie. federal and provincial governments) and Canada's Metis people. It is comprised of papers presented to a national symposium jointly sponsored by the former Law Commission of Canada and the Metis National Council in Winnipeg in February 2006. Contributors include leading academics, lawyers, government officials and Metis leaders. The book analyzes the impact of s.35 of the "Constitution Act" which defines the Metis 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 Metis aboriginal rights, and the limits of federal and provincial jurisdiction. Finally the book looks at models of self-governance for Metis communities.]> 02 Metis Crown Relations is comprised of papers presented to a national symposium jointly sponsored by the former Law Commission of Canada and the Metis National Council in Winnipeg in February 2006. 04 FOREWORD by Clem Chartier

INTRODUCTION: Rights, Identity, Jurisdiction, and Governance: Current Issues in Metis-Government Relations

CHAPTER 1: Ethnohistory and the Development of Native Law in Canada: Advancing Aboriginal Rights or Re-inscribing Colonialism?
Arthur J. Ray

CHAPTER 2: Defining the Metis of Canada: A Principled Approach to Crown-Aboriginal Relations
Paul L. A. H. Chartrand

CHAPTER 3: Federal and Provincial Crown Obligations to the Metis
Jean Teillet

CHAPTER 4: Beyond Space and Time -- A Purposive Examination of Section 91(24) of the Constitution Act, 1867
Charlotte A. Bell

CHAPTER 5: Are the Metis in Section 91(24) of the Constitution Act, 1867? An Issue Caught in a Time-Warp Bradford W. Morse

CHAPTER 6: Differences between the Metis Nation and the Crown: An Agenda for Law Reform
Mark L'Hirondelle Stevenson

CHAPTER 7: "Neither Fish nor Indians" Pursuing Crown-Metis Relations through Historical Evidence Concerning Policies and the Constitution Act, 1930
Frank J. Tough

8: Metis Interjurisdictional Immunity: A Third Way to Protect Metis Constitutional Rights?
Dale Gibson

CHAPTER 9: Fiddling with Head 91(24): Metis Interjurisdictional Immunity
Albert C. Peeling

CHAPTER 10: Interjurisdictional Immunity and Metis Aboriginal Rights: A Provincial Perspective
P. Mitch McAdam

CHAPTER 11: The Metis and the Doctrine of Interjurisdictional Immunity: A Commentary
Kent McNeil

CHAPTER 12: Metis Nation's Self-Government Agenda: Issues and Options for the Future
Jason Madden

CHAPTER 13: Metis Self-Government: Reflections on the Way Forward
Fred Caron

CHAPTER 14: The Aboriginal Justice Inquiry - Child Welfare Initiative: Creating the Metis Child and Family Services Authority
Harvey Bostrom, Alison Rogan, and Richard Asselin

CHAPTER 15: Government on the Metis Settlements: Foundations and Future Directions
Catherine Bell and Harold Robinson
About the Authors