Amendments to the Canadian Constitution in 1982 recognize and affirm the existing aboriginal and treaty rights of the aboriginal peoples of Canada, specifically the Indian, Inuit and M?tis peoples. A 1996 report from The Royal Commission on Aboriginal Peoples laid out a process to recognize and define Canadas Aboriginal peoples according to the Constitution. The federal government has ignored these recommendations and continues to maintain and develop the Indian Act, an out-of-date legislative mechanism created for colonial control over Indian reserves and their residents. In this collection, preeminent authors in the field canvass a range of issues, including who defines Aboriginality, interpretations of the Constitution, and the concept of recognition internationally.
Foreword / Harry W. Daniels
Introduction / Paul L. A. H. Chartrand
1. Background / Paul L. A. H. Chartrand
2. Collective and Individual Recognition in Canada: The Indian Act Regime / John Giokas & Robert K. Groves
3. Who are the M?tis? A Review of the Law and Policy / John Giokas & Paul L. A. H. Chartrand
4. Domestic Recognition in the United States and Canada / John Giokas
5. M?tis and Non-status Indians and Section 91(24) of the Constitution Act, 1867 / Robert K. Groves & Bradford W. Morse
6. Political Recognition: An Assessment of American Practice / Russel L. Barsh
7. When is a M?tis an Indian? Some Consequences of Federal Constitutional Jurisdiction over M?tis / Dale Gibson
8. Defining The M?tis People : The Hard Case of Canadian Aboriginal Law / Paul L. A. H. Chartrand & John Giokas
Conclusion / Paul L. A. H. Chartrand
Index