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Law Indigenous Peoples

Daniels v. Canada

In and Beyond the Courts

edited by Nathalie Kermoal & Chris Andersen

Publisher
University of Manitoba Press
Initial publish date
Apr 2021
Category
Indigenous Peoples, Native American Studies, Jurisprudence
  • Paperback / softback

    ISBN
    9780887559273
    Publish Date
    Apr 2021
    List Price
    $27.95
  • eBook

    ISBN
    9780887559297
    Publish Date
    Apr 2021
    List Price
    $70.00
  • Hardback

    ISBN
    9780887559334
    Publish Date
    Apr 2021
    List Price
    $94.95

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Description

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.

About the authors

Nathalie Kermoal is of Breton descent (a people whose territory is situated on the West coast of France). She is a professor as well as the Associate Dean Academic at the Faculty of Native Studies at the University of Alberta. She is a bilingual specialist (French and English) in Canadian history and more specifically in Métis history.

Nathalie Kermoal's profile page

Chris Andersen is associate professor, associate dean (research), and the current director of the Rupertsland Centre for Métis Research in the Faculty of Native Studies, University of Alberta. He is also the current editor of aboriginal policy studies, an online, peer-reviewed journal dedicated to publishing on Métis, non-Status Indian, and urban Aboriginal issues in Canada and abroad. He is co-editor of Indigenous in the City: Contemporary Identities and Cultural Innovation (UBC Press, 2013).

Chris Andersen's profile page