Daniels V. Canada : In and Beyond the Courts.

Format:

Book

Author/Creator:

Kermoal, Nathalie.

Contributor:

Andersen, Kid.

Language:

English

Subjects (All):

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

Indigenous peoples.

Physical Description:

1 online resource (335 pages)

Edition:

1st ed.

Other Title:

Daniels V. Canada

Place of Publication:

Winnipeg : 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.

Contents:

Cover

Contents

Acknowledgements

Introduction

Chapter 1. Daniels in Context

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

Chapter 3. After the Hysteria: Understanding Daniels v. Canada from a Métis Nation Perspective

Chapter 4. Daniels v. Canada: A Framework for Redress

Chapter 5. The Other Declarations in Daniels: Fiduciary Obligations and the Duty to Negotiate

Chapter 6. Racism, Canadian Jurisprudence, and the De-Peopling of the Métis in Daniels

Chapter 7. Daniels through an International Law Lens

Chapter 8. Daniels v. Canada beyond Jurisprudential Interpretation: What to Do Once the Horse Has Left the Barn

Chapter 9. Outlining the Origins of "Eastern Métis" Studies

Chapter 10. Making Kin in a Postgenomic World: Indigenous Belonging after the Genome

Chapter 11. How We Know Who We Are: Historical Literacy, Kinscapes, and Defining a People

Conclusion. The Multiple Lives of the Daniels Case

Bibliography

Contributors

Index.

Notes:

Description based on publisher supplied metadata and other sources.

ISBN:

9780887559310

088755931X

OCLC:

1197625730