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.
Authors
- Bibliography, etc. Note
- Includes bibliographical references and index
- Control Number Identifier
- CaOOCEL
- Description conventions
- rda
- Dewey Decimal Classification Number
- 342.7108/72
- Dewey Decimal Edition Number
- 23
- Distributor
- Canadian Electronic Library (Firm),
- General Note
- Issued as part of the desLibris books collection
- Geographic Area Code
- n-cn---
- ISBN
- 0887559336 9780887559310
- LCCN
- KE7709
- LCCN Item number
- D36 2021eb
- Modifying agency
- CaBNVSL
- Original cataloging agency
- NLC
- Physical Description | Extent
- 1 electronic text (325 pages)
- Published in
- Ottawa, Ontario
- Publisher or Distributor Number
- CaOOCEL
- Rights
- Access restricted to authorized users and institutions
- System Control Number
- (CaBNVSL)kck00241800 (OCoLC)1197625730 (CaOOCEL)480959
- System Details Note
- Mode of access: World Wide Web
- Title proper/short title
- Daniels versus Canada
- Transcribing agency
- NLC
Table of Contents
- Cover 1
- Contents 6
- Acknowledgements 8
- Introduction 10
- Chapter 1. Daniels in Context 23
- Chapter 2. Harry Daniels and Section 91 (24) of the British North America Act: A Blueprint for the Future 30
- Chapter 3. After the Hysteria: Understanding Daniels v. Canada from a Métis Nation Perspective 53
- Chapter 4. Daniels v. Canada: A Framework for Redress 87
- Chapter 5. The Other Declarations in Daniels: Fiduciary Obligations and the Duty to Negotiate 107
- Chapter 6. Racism, Canadian Jurisprudence, and the De-Peopling of the Métis in Daniels 125
- Chapter 7. Daniels through an International Law Lens 157
- Chapter 8. Daniels v. Canada beyond Jurisprudential Interpretation: What to Do Once the Horse Has Left the Barn 178
- Chapter 9. Outlining the Origins of “Eastern Métis” Studies 197
- Chapter 10. Making Kin in a Postgenomic World: Indigenous Belonging after the Genome 219
- Chapter 11. How We Know Who We Are: Historical Literacy, Kinscapes, and Defining a People 242
- Conclusion. The Multiple Lives of the Daniels Case 277
- Bibliography 284
- Contributors 318
- Index 326
