From colonial legacies to promising futures? Unpacking the Daniels v. Canada decision and the future of the Métis
After years of existing in jurisdictional limbo, the Métis have finally been handed down a Supreme Court declaration affirming that they too, alongside the Inuit and First Nations peoples, fall under the federal government’s jurisdiction over “Indians and Lands reserved for the Indians” as outlined...
Main Author: | |
---|---|
Other Authors: | , , |
Format: | Master Thesis |
Language: | English |
Published: |
2020
|
Subjects: | |
Online Access: | http://hdl.handle.net/1993/35078 |
id |
ftunivmanitoba:oai:mspace.lib.umanitoba.ca:1993/35078 |
---|---|
record_format |
openpolar |
spelling |
ftunivmanitoba:oai:mspace.lib.umanitoba.ca:1993/35078 2023-06-18T03:40:38+02:00 From colonial legacies to promising futures? Unpacking the Daniels v. Canada decision and the future of the Métis Martel, Karine Peter Kulchyski (Native Studies) Latzer, Jeremy (Sociology) Gunn, Brenda (Law) 2020-09-18T19:19:35Z application/pdf http://hdl.handle.net/1993/35078 eng eng http://hdl.handle.net/1993/35078 open access Métis Indigenous Aboriginal law master thesis 2020 ftunivmanitoba 2023-06-04T17:39:19Z After years of existing in jurisdictional limbo, the Métis have finally been handed down a Supreme Court declaration affirming that they too, alongside the Inuit and First Nations peoples, fall under the federal government’s jurisdiction over “Indians and Lands reserved for the Indians” as outlined under Section 91(24) of the Constitution Act, 1867. While the April 2016 decision in Daniels v. Canada did remove a significant obstacle for the Métis in the pursuit of rights recognition and meaningful negotiations with the federal government, the decision is worth unpacking. This thesis critically examines the Daniels decision from a Métis and decolonizing lens, and explores the potential outcomes and implications of this decision for the Métis. What this thesis finds that this decision has been achieved by relying on colonial concepts of history, Métis identity, as well as colonial expansionist and assimilationist goals from centuries ago. As for the future of this decision, this thesis finds that it remains largely unsolved, but holds great potential- despite the core of the decision being purely about jurisdiction. October 2020 Master Thesis First Nations inuit MSpace at the University of Manitoba Canada |
institution |
Open Polar |
collection |
MSpace at the University of Manitoba |
op_collection_id |
ftunivmanitoba |
language |
English |
topic |
Métis Indigenous Aboriginal law |
spellingShingle |
Métis Indigenous Aboriginal law Martel, Karine From colonial legacies to promising futures? Unpacking the Daniels v. Canada decision and the future of the Métis |
topic_facet |
Métis Indigenous Aboriginal law |
description |
After years of existing in jurisdictional limbo, the Métis have finally been handed down a Supreme Court declaration affirming that they too, alongside the Inuit and First Nations peoples, fall under the federal government’s jurisdiction over “Indians and Lands reserved for the Indians” as outlined under Section 91(24) of the Constitution Act, 1867. While the April 2016 decision in Daniels v. Canada did remove a significant obstacle for the Métis in the pursuit of rights recognition and meaningful negotiations with the federal government, the decision is worth unpacking. This thesis critically examines the Daniels decision from a Métis and decolonizing lens, and explores the potential outcomes and implications of this decision for the Métis. What this thesis finds that this decision has been achieved by relying on colonial concepts of history, Métis identity, as well as colonial expansionist and assimilationist goals from centuries ago. As for the future of this decision, this thesis finds that it remains largely unsolved, but holds great potential- despite the core of the decision being purely about jurisdiction. October 2020 |
author2 |
Peter Kulchyski (Native Studies) Latzer, Jeremy (Sociology) Gunn, Brenda (Law) |
format |
Master Thesis |
author |
Martel, Karine |
author_facet |
Martel, Karine |
author_sort |
Martel, Karine |
title |
From colonial legacies to promising futures? Unpacking the Daniels v. Canada decision and the future of the Métis |
title_short |
From colonial legacies to promising futures? Unpacking the Daniels v. Canada decision and the future of the Métis |
title_full |
From colonial legacies to promising futures? Unpacking the Daniels v. Canada decision and the future of the Métis |
title_fullStr |
From colonial legacies to promising futures? Unpacking the Daniels v. Canada decision and the future of the Métis |
title_full_unstemmed |
From colonial legacies to promising futures? Unpacking the Daniels v. Canada decision and the future of the Métis |
title_sort |
from colonial legacies to promising futures? unpacking the daniels v. canada decision and the future of the métis |
publishDate |
2020 |
url |
http://hdl.handle.net/1993/35078 |
geographic |
Canada |
geographic_facet |
Canada |
genre |
First Nations inuit |
genre_facet |
First Nations inuit |
op_relation |
http://hdl.handle.net/1993/35078 |
op_rights |
open access |
_version_ |
1769005850897154048 |