Constitution's peoples: a robust and group-centred interpretation of Section 35 of the Constitution Act, 1982, in light of R. v. Powley
Since 1982. the Canadian Constitution has "recognized and affirmed the Aboriginal and treaty rights of the Indian, Inuit, and Métis peoples of Canada," peoples that hold their unique status within the federation by virtue of their prior social organisation. The author argues that, when Abo...
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ftuvicpubl:oai:dspace.library.uvic.ca:1828/1932 2023-05-15T16:55:11+02:00 Constitution's peoples: a robust and group-centred interpretation of Section 35 of the Constitution Act, 1982, in light of R. v. Powley Olthuis, Brent Brian Webber, Jeremy H. A. Chartrand, Paul L.A.H. 2005 application/pdf http://hdl.handle.net/1828/1932 English en eng http://hdl.handle.net/1828/1932 Available to the World Wide Web Metis legal status Canada Constitution Act 1982 UVic Subject Index::Humanities and Social Sciences::Social Sciences::Law Thesis 2005 ftuvicpubl 2022-05-19T06:11:05Z Since 1982. the Canadian Constitution has "recognized and affirmed the Aboriginal and treaty rights of the Indian, Inuit, and Métis peoples of Canada," peoples that hold their unique status within the federation by virtue of their prior social organisation. The author argues that, when Aboriginal rights are invoked, analysis should focus on the community in which the right is said to reside. Contemporary rights-holding communities are those linked to the normative orders that preceded and survived those of the later arrivals: in this regard, the Métis are not dissimilar from the other recognised Aboriginal peoples. It is the community's capacity to determine the norms applicable to its members' lives that is important, not the actual content of that order at a particular time: Aboriginal societies must be afforded the latitude to pursue their own aims and ambitions, and their rights must not be limited to activities that appear objectively 'Aboriginal". Thesis inuit Metis University of Victoria (Canada): UVicDSpace Canada Indian |
institution |
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University of Victoria (Canada): UVicDSpace |
op_collection_id |
ftuvicpubl |
language |
English |
topic |
Metis legal status Canada Constitution Act 1982 UVic Subject Index::Humanities and Social Sciences::Social Sciences::Law |
spellingShingle |
Metis legal status Canada Constitution Act 1982 UVic Subject Index::Humanities and Social Sciences::Social Sciences::Law Olthuis, Brent Brian Constitution's peoples: a robust and group-centred interpretation of Section 35 of the Constitution Act, 1982, in light of R. v. Powley |
topic_facet |
Metis legal status Canada Constitution Act 1982 UVic Subject Index::Humanities and Social Sciences::Social Sciences::Law |
description |
Since 1982. the Canadian Constitution has "recognized and affirmed the Aboriginal and treaty rights of the Indian, Inuit, and Métis peoples of Canada," peoples that hold their unique status within the federation by virtue of their prior social organisation. The author argues that, when Aboriginal rights are invoked, analysis should focus on the community in which the right is said to reside. Contemporary rights-holding communities are those linked to the normative orders that preceded and survived those of the later arrivals: in this regard, the Métis are not dissimilar from the other recognised Aboriginal peoples. It is the community's capacity to determine the norms applicable to its members' lives that is important, not the actual content of that order at a particular time: Aboriginal societies must be afforded the latitude to pursue their own aims and ambitions, and their rights must not be limited to activities that appear objectively 'Aboriginal". |
author2 |
Webber, Jeremy H. A. Chartrand, Paul L.A.H. |
format |
Thesis |
author |
Olthuis, Brent Brian |
author_facet |
Olthuis, Brent Brian |
author_sort |
Olthuis, Brent Brian |
title |
Constitution's peoples: a robust and group-centred interpretation of Section 35 of the Constitution Act, 1982, in light of R. v. Powley |
title_short |
Constitution's peoples: a robust and group-centred interpretation of Section 35 of the Constitution Act, 1982, in light of R. v. Powley |
title_full |
Constitution's peoples: a robust and group-centred interpretation of Section 35 of the Constitution Act, 1982, in light of R. v. Powley |
title_fullStr |
Constitution's peoples: a robust and group-centred interpretation of Section 35 of the Constitution Act, 1982, in light of R. v. Powley |
title_full_unstemmed |
Constitution's peoples: a robust and group-centred interpretation of Section 35 of the Constitution Act, 1982, in light of R. v. Powley |
title_sort |
constitution's peoples: a robust and group-centred interpretation of section 35 of the constitution act, 1982, in light of r. v. powley |
publishDate |
2005 |
url |
http://hdl.handle.net/1828/1932 |
geographic |
Canada Indian |
geographic_facet |
Canada Indian |
genre |
inuit Metis |
genre_facet |
inuit Metis |
op_relation |
http://hdl.handle.net/1828/1932 |
op_rights |
Available to the World Wide Web |
_version_ |
1766046172146827264 |