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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. This monograph addresses such important topics as
- Métis self-definition
- the meaning of Métis for purposes of constitutionally recognized Aboriginal rights and the Powley test
- the term “Indians” and whether the Métis are “Indians” for the purposes of section 91(24) of the Constitution Act, 1867
- the test for determining entitlements of the Métis to constitutionally recognized and affirmed Aboriginal rights, and the nature and extent of such rights
- the challenges the Métis face in making successful claims of Aboriginal title
- the application of the Crown’s duty to consult the Métis people
- federal and provincial perspectives on Métis issues
Current to 15 January 2008, the monograph includes discussion of decisions released in December 2007 — Manitoba Metis Federation Inc. v. Canada (Attorney General) and Labrador Metis Nation v. Newfoundland and Labrador (Minister of Transportation and Works), and incorporates statistical data on the Métis population from the 2006 Census.
Métis Rights will be a useful resource for lawyers and consultants, Aboriginal peoples and organizations, provincial, territorial, municipal and Aboriginal governments, industry and business, students, and teachers.
Thomas Isaac is a partner with the law firm of McCarthy Tétrault LLP in Vancouver. He is a well-known and well-respected authority in Aboriginal law and has published numerous books and many articles in the area. Mr. Isaac’s published work has been cited with approval by numerous Canadian courts including the Supreme Court of Canada.
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