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MÉTIS RIGHTS
Thomas Isaac
Second in a series of Contemporary Themes in Aboriginal Law
The Métis are a distinct Aboriginal peoples whose rights are recognized and affirmed by section 35 of the Constitution Act, 1982. However, in the twenty-five years since the coming into force of section 35, the majority of case law and judicial and academic commentary has been focused on the rights of First Nations peoples. The rights of the Inuit, with a few exceptions, have been largely dealt with by means of modern treaties and land claim settlements in northern Canada. This leaves the Métis. Less than a handful of decisions have been rendered by the Supreme Court of Canada expressly considering the rights of the Métis. For the Métis, the central legal question, and to some extent political issue, facing them is “Who are the Métis for the purposes of section 35?” It is with this question - "Who are the Métis?" - as a purely legal question, that Thomas Isaac begins his dicussion and analysis of the rights of Métis people under section 35 of the Constitution Act, 1982 and reviews related case law. continue...
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