Description
Book SynopsisAmendments 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 The federal government has ignored these recommendations and continues to maintain and develop the Indian Act, an out-of-date legislative mechanism created for colonial control over Indian reserves and their residents.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.
Trade ReviewAll-in-all,
Who Are Canada's Aboriginal Peoples? is a solid introduction to the key legal and policy issues facing Aboriginal politicians, individuals and communities, and federal and provincial governments. The issues raised are still pertinent to the times.... [I]t offers some interesting lessons and comparative explorations for policy developers and community leaders alike, and even provides some suggestions for govenment.... For the most part, the authors write with skill and clarity, aiming to capture all the prisms of an issue to the reader's benefit. * Ottawa Law Review, Vol. 35, No. 1, 2003-2004 *
Chartrand and his collaborators are some of Canada's important thinkers in Aboriginal law. The book is recommended as a valuable resource for constitutional lawyers, policy analysts, professors, and students. * Saskatchewan Law Review, Vol. 66, 2003 *
Table of ContentsForeword / 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
