Daniels V Canada

In Daniels v. Canada the Supreme Court determined that Métis and non-status Indians were “Indians” under section 91(24) of the Constitution Act, 1867, one of a number of court victories that has powerfully shaped Métis relationships with the federal government. However, the decision (and the case) continues to reverberate far beyond its immediate policy implications. Bringing together scholars and practitioners from a wide array of professional contexts, this volume demonstrates the power of Supreme Court of Canada cases to directly and indirectly shape our conversations about and conceptions of what Indigeneity is, what its boundaries are, and what Canadians believe Indigenous peoples are “owed.” Attention to Daniels v. Canada’s variegated impacts also demonstrates the extent to which the power of the courts extend and refract far deeper and into a much wider array of social arenas than we often give them credit for. This volume demonstrates the importance of understanding “law” beyond its jurisprudential manifestations, but it also points to the central importance of respecting the power of court cases in how law is carried out in a liberal nation-state such as Canada.

Bead by Bead examines the parameters that current Indigenous legal doctrines place around Métis rights discourse and moves beyond a one-size-fits-all approach. Contributors to this volume address the historical denial of Métis concerns with respect to land, resources, and governance. Tackling such themes as the invisibility of Métis women in court decisions, identity politics, and racist legal principles, they uncover the troubling issues that plague Métis aspirations for a just future. By revealing the diversity of Métis identities and lived reality, this critical analysis opens new pathways to respectful, inclusive Métis-Canadian constitutional relationships.

"Defining Métis" examines categories used in the latter half of the nineteenth century by Catholic missionaries to describe Indigenous people in what is now northwestern Saskatchewan. It argues that the construction and evolution of these categories reflected missionaries’changing interests and agendas. "Defining Métis" sheds light on the earliest phases of Catholic missionary work among Indigenous peoples in western and northern Canada. It examines various interrelated aspects of this work, including the beginnings of residential schooling, transportation and communications, and relations between the Church, the Hudson’s Bay Company, and the federal government. While focusing on the Oblates of Mary Immaculate and their central mission at Île-à-la-Crosse, this study illuminates broad processes that informed Catholic missionary perceptions and impelled their evolution over a fifty-three-year period. In particular, this study illuminates processes that shaped Oblate conceptions of sauvage and métis. It does this through a qualitative analysis of documents that were produced within the Oblates’ institutional apparatus – official correspondence, mission journals, registers, and published reports. Foran challenges the orthodox notion that Oblate commentators simply discovered and described a singular, empirically existing, and readily identifiable Métis population. Rather, he contends that Oblates played an important role in the conceptual production of les métis.

Distorted Descent examines a social phenomenon that has taken off in the twenty-first century: otherwise white, French descendant settlers in Canada shifting into a self-defined “Indigenous” identity. This study is not about individuals who have been dispossessed by colonial policies, or the multi-generational efforts to reconnect that occur in response. Rather, it is about white, French-descendant people discovering an Indigenous ancestor born 300 to 375 years ago through genealogy and using that ancestor as the sole basis for an eventual shift into an “Indigenous” identity today. After setting out the most common genealogical practices that facilitate race shifting, Leroux examines two of the most prominent self-identified “Indigenous” organizations currently operating in Quebec. Both organizations have their origins in committed opposition to Indigenous land and territorial negotiations, and both encourage the use of suspect genealogical practices. Distorted Descent brings to light to how these claims to an “Indigenous” identity are then used politically to oppose actual, living Indigenous peoples, exposing along the way the shifting politics of whiteness, white settler colonialism, and white supremacy.

This edition contains more extensive commentary than earlier editions, and highlights the most important aspects of Canadian law affecting Aboriginal peoples. The author provides detailed information on and analysis of current law, referring to relevant court decisions, statutes, and land claims agreements, many of which are excerpted. All major Supreme Court of Canada decisions on Aboriginal rights in the last four decades are referred to and most are excerpted. The detailed index makes this book easy to use. This book is written and designed for use by anyone interested in Aboriginal legal issues. While national in scope, this book also canvasses the claims of First Nations peoples in BC, the unique situation of Maritime First Nations, land claim agreements in northern Canada, and the special place of the numbered treaties covering the Prairie provinces. Thomas Isaac is a nationally recognized authority in the area of Aboriginal law and the author of many books and articles, including two earlier editions of Aboriginal Law and Aboriginal and Treaty Rights in the Maritimes: The Marshall Decision and Beyond. He practices law with McCarthy Tetrault LLP in Vancouver.

Melonville. Smokey Hollow. Bannock Town. Fort Tuyau. Little Chicago. Mud Flats. Pumpville. Tintown. La Coule. These were some of the names given to Métis communities at the edges of urban areas in Manitoba. Rooster Town, which was on the outskirts of southwest Winnipeg endured from 1901 to 1961. Those years in Winnipeg were characterized by the twin pressures of depression, and inflation, chronic housing shortages, and a spotty social support network. At the city’s edge, Rooster Town grew without city services as rural Métis arrived to participate in the urban economy and build their own houses while keeping Métis culture and community as a central part of their lives. In other growing settler cities, the Indigenous experience was largely characterized by removal and confinement. But the continuing presence of Métis living and working in the city, and the establishment of Rooster Town itself, made the Winnipeg experience unique. Rooster Town documents the story of a community rooted in kinship, culture, and historical circumstance, whose residents existed unofficially in the cracks of municipal bureaucracy, while navigating the legacy of settler colonialism and the demands of modernity and urbanization.

The Oxford Handbook of the Canadian Constitution provides an ideal first stop for Canadians and non-Canadians seeking a clear, concise, and authoritative account of Canadian constitutional law. The Handbook is divided into six parts: Constitutional History, Institutions and Constitutional Change, Aboriginal Peoples and the Canadian Constitution, Federalism, Rights and Freedoms, and Constitutional Theory. Readers of this Handbook will discover some of the distinctive features of the Canadian constitution: for example, the importance of Indigenous peoples and legal systems, the long-standing presence of a French-speaking population, French civil law and Quebec, the British constitutional heritage, the choice of federalism, as well as the newer features, most notably the Canadian Charter of Rights and Freedoms, Section Thirty-Five regarding Aboriginal rights and treaties, and the procedures for constitutional amendment. The Handbook provides a remarkable resource for comparativists at a time when the Canadian constitution is a frequent topic of constitutional commentary. The Handbook offers a vital account of constitutional challenges and opportunities at the time of the 150th anniversary of Confederation.

15. Can an Emergency Response Translate into Practicable Policy? Post-Flood Provincial-First Nations Housing in Alberta -- 16. On-Reserve Schools: An Underperforming "Non-System"--VI: Provincial Aboriginal Policy in Changing Times -- 17. Ontario's Approach to Aboriginal Governance -- 18. Rethinking Provincial-Aboriginal Relations in British Columbia -- VII: Concluding Thoughts -- 19. Concluding Thoughts