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Daniels v. Canada : in and beyond the courts

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  • Contributor: Andersen, Chris; Kermoal, Nathalie
    Summary:

    In Daniels v. Canada the Supreme Court determined that Métis and non-status Indians were "Indians" under section 91(24) of the Constitution Act, 1867, one of a number of court victories that has powerfully shaped Métis relationships with the federal government. However, the decision (and the case) continues to reverberate far beyond its immediate policy implications. Bringing together scholars and practitioners from a wide array of professional contexts, this volume demonstrates the power of Supreme Court of Canada cases to directly and indirectly shape our conversations about and conceptions of what Indigeneity is, what its boundaries are, and what Canadians believe Indigenous peoples are "owed." Attention to Daniels v. Canada's variegated impacts also demonstrates the extent to which the power of the courts extend and refract far deeper and into a much wider array of social arenas than we often give them credit for. This volume demonstrates the importance of understanding "law" beyond its jurisprudential manifestations, but it also points to the central importance of respecting the power of court cases in how law is carried out in a liberal nation-state such as Canada.

    Contents:
    • Introduction / Nathalie Kermoal and Chris Andersen
    • Daniels in Context / Tony Belcourt
    • Harry Daniels and Section 91 (24) of the British North America Act / Nathalie Kermoal
    • Harry Daniels and Section 91 (24) of the British North America Act / Nathalie Kermoal
    • After the hysteria: Understanding Daniels v. Canada from a Metis Nation perspective / Jason Madden
    • Daniels v Canada: A Framework for Redress / Arend J.A. Hoekstra and Thomas Isaac
    • The Other Declarations in Daniels: Fiduciary Obligations and the Duty to Negotiate / Catherine Bell
    • The Other Declarations in Daniels: Fiduciary Obligations and the Duty to Negotiate / Catherine Bell
    • Racism, Canadian Jurisprudence, and the De-Peopling of the Metis in Daniels / D'arcy Vermette
    • Daniels Through an International Law Lens / Brenda L. Gunn
    • Daniels v. Canada Beyond Jurisprudential Interpretation: What to do Once the Horse has Left the Barn / Chris Andersen
    • Outlining the Origins of "Eastern métis" Studies / Darryl Leroux
    • Making Kin in a Postgenomic World: Indigenous Belonging after the Genome / Rick W. A. Smith, Lauren Springs, Austin W. Reynolds, and Deborah A. Bolnick
    • How We Know Who We Are: Historical Literacy, Kinscapes, and Defining a People / Brenda Macdougall
    • Conclusion: The Multiple Lives of the Daniels Case.
    Original Publisher: Winnipeg, Manitoba, University of Manitoba Press
    Language(s): English
    ISBN: 0887559298, 9780887559297, 9780887559310
    Collection(s)/Series: Prairie Indigenous eBook Collection