Daniels v. Canada : in and beyond the courts / edited by Nathalie Kermoal and Chris Andersen.

Format:

Book

Contributor:

Kermoal, Nathalie, 1964- editor.

Andersen, Chris, 1973- editor.

Language:

English

Subjects (All):

Indigenous peoples--Legal status, laws, etc--Canada.

Indigenous peoples.

Indigenous peoples--Legal status, laws, etc.

Canada.

Genre:

Law / Indigenous Peoples.

Physical Description:

325 pages : illustrations ; 23 cm

Other Title:

Daniels versus Canada

Place of Publication:

Winnipeg, Manitoba, Canada : University of Manitoba Press, [2021]

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."-- Provided by publisher.

"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."-- Provided by publisher.

Contents:

Machine generated contents note: ch. 1 Daniels in Context / Tony Belcourt

ch. 2 Harry Daniels and Section 91(24) of the British North America Act: A Blueprint for the Future / Nathalie Kermoal

ch. 3 After the Hysteria: Understanding Daniels v. Canada from a Metis Nation Perspective / Jason Madden

ch. 4 Daniels v. Canada: A Framework for Redress / Thomas Isaac

ch. 5 The Other Declarations in Daniels: Fiduciary Obligations and the Duty to Negotiate / Catherine Bell

ch. 6 Racism, Canadian Jurisprudence, and the De-Peopling of the Metis in Daniels / D'Arcy Vermette

ch. 7 Daniels through an International Law Lens / Brenda L. Cunn

ch. 8 Daniels v, Canada beyond Jurisprudential Interpretation: What to Do Once the Horse Has Left the Barn / Chris Andersen

ch. 9 Outlining the Origins of "Eastern Metis" Studies / Darryl Leroux

ch. 10 Making Kin in a Postgenomic World: Indigenous Belonging after the Genome / Deborah A. Bolnick

ch. 11 How We Know Who We Are: Historical Literacy, Kinscapes, and Defining a People / Brenda MaCdoucall.

Notes:

Includes bibliographical references and index.

Other Format:

Online version: Daniels v. Canada.

ISBN:

9780887559334

0887559336

9780887559273

0887559271

OCLC:

1197625753

Publisher Number:

99987671632