The community conundrum: Metis critical perspectives on the application of R v Powley in British Columbia
In this dissertation I argue for the need to develop a Metis Critical Legal Theory, or “MetCrit”, a theory that is particular to the cultures, issues and concerns of Metis people. Suggestions towards the development of MetCrit are proposed in light of the difficulties of Metis rights claimants in Br...
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ftuvicpubl:oai:dspace.library.uvic.ca:1828/7295 2023-05-15T17:12:15+02:00 The community conundrum: Metis critical perspectives on the application of R v Powley in British Columbia Sloan, Karen L. Borrows, John 2016-05-09 application/pdf http://hdl.handle.net/1828/7295 English en eng http://hdl.handle.net/1828/7295 Available to the World Wide Web Metis Aboriginal Rights Law British Columbia History Critical Legal Theory Community Research Thesis 2016 ftuvicpubl 2022-05-19T06:11:58Z In this dissertation I argue for the need to develop a Metis Critical Legal Theory, or “MetCrit”, a theory that is particular to the cultures, issues and concerns of Metis people. Suggestions towards the development of MetCrit are proposed in light of the difficulties of Metis rights claimants in British Columbia following creation of the “historic community connection” test in R v Powley, the leading case on the constitutional protection of Metis rights in Canada. Misconceptions about BC Metis history and about Metis communities generally have resulted in legal decisions that hold there are no historic Metis communities in BC, and thus no communities capable of meeting the Powley test. The BC situation reveals that Powley, as it is currently interpreted, cannot adequately deal with the realities of Metis history or with Metis conceptions of community, and that the community connection test itself is flawed. MetCrit is proposed as a possible lens through which to examine BC Metis rights cases in light of the historiography of the Metis of BC, and through which to critique the Powley court’s attempt to concretize Metis community identities. I suggest that MetCrit could provide spectrums of space for avoiding some of the dualities that are reflected in Canadian legal and historical accounts of Metis people and communities. Graduate 2019-06-30 Thesis Metis University of Victoria (Canada): UVicDSpace British Columbia ENVELOPE(-125.003,-125.003,54.000,54.000) Canada |
institution |
Open Polar |
collection |
University of Victoria (Canada): UVicDSpace |
op_collection_id |
ftuvicpubl |
language |
English |
topic |
Metis Aboriginal Rights Law British Columbia History Critical Legal Theory Community Research |
spellingShingle |
Metis Aboriginal Rights Law British Columbia History Critical Legal Theory Community Research Sloan, Karen L. The community conundrum: Metis critical perspectives on the application of R v Powley in British Columbia |
topic_facet |
Metis Aboriginal Rights Law British Columbia History Critical Legal Theory Community Research |
description |
In this dissertation I argue for the need to develop a Metis Critical Legal Theory, or “MetCrit”, a theory that is particular to the cultures, issues and concerns of Metis people. Suggestions towards the development of MetCrit are proposed in light of the difficulties of Metis rights claimants in British Columbia following creation of the “historic community connection” test in R v Powley, the leading case on the constitutional protection of Metis rights in Canada. Misconceptions about BC Metis history and about Metis communities generally have resulted in legal decisions that hold there are no historic Metis communities in BC, and thus no communities capable of meeting the Powley test. The BC situation reveals that Powley, as it is currently interpreted, cannot adequately deal with the realities of Metis history or with Metis conceptions of community, and that the community connection test itself is flawed. MetCrit is proposed as a possible lens through which to examine BC Metis rights cases in light of the historiography of the Metis of BC, and through which to critique the Powley court’s attempt to concretize Metis community identities. I suggest that MetCrit could provide spectrums of space for avoiding some of the dualities that are reflected in Canadian legal and historical accounts of Metis people and communities. Graduate 2019-06-30 |
author2 |
Borrows, John |
format |
Thesis |
author |
Sloan, Karen L. |
author_facet |
Sloan, Karen L. |
author_sort |
Sloan, Karen L. |
title |
The community conundrum: Metis critical perspectives on the application of R v Powley in British Columbia |
title_short |
The community conundrum: Metis critical perspectives on the application of R v Powley in British Columbia |
title_full |
The community conundrum: Metis critical perspectives on the application of R v Powley in British Columbia |
title_fullStr |
The community conundrum: Metis critical perspectives on the application of R v Powley in British Columbia |
title_full_unstemmed |
The community conundrum: Metis critical perspectives on the application of R v Powley in British Columbia |
title_sort |
community conundrum: metis critical perspectives on the application of r v powley in british columbia |
publishDate |
2016 |
url |
http://hdl.handle.net/1828/7295 |
long_lat |
ENVELOPE(-125.003,-125.003,54.000,54.000) |
geographic |
British Columbia Canada |
geographic_facet |
British Columbia Canada |
genre |
Metis |
genre_facet |
Metis |
op_relation |
http://hdl.handle.net/1828/7295 |
op_rights |
Available to the World Wide Web |
_version_ |
1766069040172761088 |