Year: 2005
Type: dissertation
Abstract: ln september 2003, the supreme court of canada rendered its first decision ,"qaràinq the Aboriginal rights of Metis peoples in Section 35 of the Constitution nít, ßAbt .ln the piocess of establishing a legal framework for these types of claims, the Court in Powley lriggered importani questions such as "who is Metis?", "what is a Metis community?",and "what constitutes effective European control?", highlighting these questions as essential to determining Metis Aboriginal rlgntõ to bê accorded constitutional protectlon.ln this work the author exploies anð presents several conceptualizations of the significant issues tha.t have evolved in connection with these questions, including the social and political responses that have developed as a consequence ofthe direction given in Powley.The thesis focusses on two challenges implicit to recognizing Metis Aboriginal rights.The first relates to defining and ideniifying "who is Metis?" and "what is a Mãtis community?"for the purpose of Section 35.The second challenge relates to the role of coñtemporary Aboriginal political organizations in the resolution of Metis Aboriginal righis.ln Powley, the Court seems to attribute a ceniral role to such organizations in the recognition and identification of Metis Aboriginal rights- holders.ln theory, this could be interpreted as recognition of Metis peoples' rights of self-deteimination and self-government, including the identification of ri!hts-holders and negotiation of rights recognition' However, as the author discusses, membership in a contemporary political organization does not necessarily reflect "community" at the grassroots level, where the ability to exercise one's traditional practices is arguably most important.social, cultural, and political factors have and continue to contribute to the issue of individual Meti; ideniity, as well as to the form and recognition of Metis communities, The combination of these factors creates complicated and evolving issues, which are likely to have an impact on the recognition of Metis Aboriginal rights in canada. An initial reading of the supreme court of canada's decision in Podey suggeststhat it is a clear, concise first ruling on Métis Aboriginal rights.However, to characterize Powley as being the ultimaie determinant on the matter is to overshoot its value.constitutional recognition of the rights of Métis as Aboriginal peoptes remains a complicated matter.Through legal research and analysis, änd'personal experience and knowledge as a Métis scholar, Chartrand empirasizes the often-implicit connection between Aboriginal law, politics, and bureaucracies, and the effect of these on Metis'Aboriginal rights in canada.
Source: Mspace (University of Manitoba)
Author: Lisa D. Chartrand
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W2789995745