Who are Canada's Aboriginal Peoples?: Recognition, Definition, and Jurisdiction

by Paul Chartrand (Editor)

Overview

Amendments to the Canadian Constitution in 1982 recognize and affirm “the existing aboriginal and treaty rights of the aboriginal peoples of Canada”, specifically the Indian, Inuit and Métis peoples. A 1996 report from The Royal Commission on Aboriginal Peoples laid out a process to recognize and define Canada’s Aboriginal peoples according to the Constitution. The federal government has ignored these recommendations and continues to maintain and develop the Indian Act, an out-of-date legislative mechanism created for colonial control over Indian reserves and their residents. In this collection, preeminent authors in the field canvass a range of issues, including who defines Aboriginality, interpretations of the Constitution, and the concept of recognition internationally.

Product Details

ISBN-13:	9781895830200
Publisher:	University of British Columbia Press
Publication date:	02/01/2003
Series:	Purich's Aboriginal Issues Series
Pages:	320
Product dimensions:	6.00(w) x 8.90(h) x 0.80(d)
Age Range:	18 Years

About the Author

Paul L.A.H. Chartrand is a Métis from Manitoba. A professor at the College of Law, University of Saskatchewan, he has held teaching and other academic appointments in Canada, the United States, Australia, and New Zealand. He has served on the Royal Commission on Aboriginal Peoples, the Aboriginal Justice Implementation Commission (Manitoba), and was president of the Institute on Indigenous Government.

Table of Contents

Foreword / Harry W. Daniels
Introduction / Paul L. A. H. Chartrand

1. Background / Paul L. A. H. Chartrand
2. Collective and Individual Recognition in Canada: The Indian Act Regime / John Giokas & Robert K. Groves
3. Who are the Métis? A Review of the Law and Policy / John Giokas & Paul L. A. H. Chartrand
4. Domestic Recognition in the United States and Canada / John Giokas
5. Métis and Non-status Indians and Section 91(24) of the Constitution Act, 1867 / Robert K. Groves & Bradford W. Morse
6. Political Recognition: An Assessment of American Practice / Russel L. Barsh
7. When is a Métis an Indian? Some Consequences of Federal Constitutional Jurisdiction over Métis /  Dale Gibson
8. Defining "The Métis People": The Hard Case of Canadian Aboriginal Law / Paul L. A. H. Chartrand & John Giokas

Conclusion / Paul L. A. H. Chartrand
Index