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. Canadas 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.
Introduction
Chapter 1 Daniels in Context
Chapter 2 Harry Daniels and Section 91 (24) of the British North America Act
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 4 Racism, Canadian Jurisprudence, and the de-Peopling of the Métis in
Daniels
Chapter 5 Daniels Through an International Law Lens
Chapter 6 Daniels v. Canada Beyond Jurisprudential Interpretation: What to do
Once the Horse has Left the Barn
Chapter 7 Outlining the Origins of Eastern métis Studies
Chapter 8 Making Kin in a Postgenomic World: Indigenous Belonging after the
Genome
Chapter 9 How We Know Who We Are: Historical Literacy, Kinscapes, and
Defining a People Conclusion: The Multiple Lives of the Daniels Case
Nathalie Kermoal is a professor in the Faculty of Native Studies at the University of Alberta and Director of Rupertsland Centre for Métis Research. Her latest book is Living on the Land: Indigenous Women Understanding of Place, which she co-edited with Isabel Altamirano-Jimenez. Chris Andersen is a professor in the Faculty of Native Studies at the University of Alberta and the Editor of Aboriginal Policy Studies. He is the author of Métis: Race, Recognition and the Struggle for Indigenous Peoplehood.
