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Metis-Crown Relations

Metis-Crown Relations

Rights, Identity, Jurisdiction, and Governance

Edited by Frederica Wilson and Melanie Mallet

CONTENTS

This book examines the evolving relationship between the Crown (ie federal and provinicial governments) and Canada's Metis people. It is compromised 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 analyses 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.


CONTENTS

Introduction
Ethnohistory and the Development of Native Law in Canada: Advancing Aboriginal Aights or Re-inscribing Colonialism?
Arthur J Ray
Defining the "Metis" of Canada: A Principled Approach to Crown-Aboriginal Relations
Paul L A H Chartrand
Federal and Provincial Crown Obligations to the Metis
Jean Teillet
Beyond Space and Time - A Purposive Examination of Section 91(24) of the Constitution Act, 1867
Charlotte A Bell
Are the Metis in Section 91(24) of the Constitution Act, 1867? An issue caught in a time-warp
Bradford W Morse
Reconciling Differences between the Metis Nation and the Crown: An Agenda for Law Reform
Mark L'Hirondelle Stevenson
"Neither Fish nor Indians": Pursuing Crown-Metis Relations through Historical Evidence Concerning Policies and the Constitution Act, 1930
Frank J Tough
Metis Interjurisdictional Immunity: A Third Way to Protect Metis Constitutional Rights?
Dale Gibson
Fiddling With Head 91(24): Metis Interjurisdictional Immunity
Albert C Peeling
Interjurisdictional Immunity and Metis Aboriginal Rights: A Provincial Perspective
P Mitch McAdam
The Metis and The Doctrine of Interjurisdictional Immunity: A Commentary
Kent McNeil
The Metis Nation's Self-Government Agenda: Issues and Options for fhe Future
Jason Madden
Metis Self-Government: Reflections on the Way Forward
Fred Caron
The Aboriginal Justice Inquiry-Child Welfare Initiative: Creating the Metis Child and Family Services Authority
Harvey Bostrom, Alison Rogan and Richard Asselin
Government on the Metis Settlements: Foundations and Future Directions
Catherine Bell and Harold Robinson
   

Published November 2008
Publisher Irwin Law (Canada)
Paperback/500pp
ISBN 9781552211588
Australian RRP $99.00
International Price $95.00
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Governance
Law - Indigenous


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