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Chris Andersen
aboriginal policy studies, Volume 9; doi:10.5663/aps.v9i1.29386

Arlana Bennett
aboriginal policy studies, Volume 9; doi:10.5663/aps.v9i1.29384

Richard Togman
aboriginal policy studies, Volume 9; doi:10.5663/aps.v9i1.29369

The dominant Canadian narrative of Indigenous fertility has been told largely from the perspective of non-Indigenous Canadians. Politicians, healthcare professionals, demographers, and economists consistently characterize Indigenous fertility as too high and required to conform to Eurocentric norms. This has resulted in a wide variety of colonial interventions into the reproductive lives of Indigenous peoples. This article will provide a brief overview of the ways in which mainstream Canadian society has characterized Indigenous fertility and explore the subjugated discourse practiced by Indigenous nations in Canada regarding their own fertility, highlighted by original research conducted with Anishinaabe people in Thunder Bay.
Jana Grekul
aboriginal policy studies, Volume 9; doi:10.5663/aps.v9i1.29360

The overrepresentation of Indigenous peoples in the Canadian criminal justice system is an enduring and systemic issue that must be addressed. Over the past 10 years, the proportion of women behind bars has increased by almost 30 percent; for Indigenous women, this number is 60 percent (Office of the Correctional Investigator 2017). Using a critical feminist criminological lens, this paper explores the ways in which colonial legacies, patriarchy, trauma, and systemic victimization inside and outside the criminal justice system contribute to the criminalization and (over)prisoning of Indigenous women and questions the practice of prisoning an already marginalized and oppressed group of people. Drawing on critical feminist criminological research and empirical studies, I theorize a victimization–criminalization–incarceration cycle concept to explain the ways in which societal- , institutional- , and individual-level factors intersect and impact Indigenous women’s journeys through the criminal justice system in tangled and complicated ways. Future research could provide additional insights into the potential value of this concept for policy and practice.
Karine Gentelet, Maria Samson
aboriginal policy studies, Volume 9; doi:10.5663/aps.v9i1.29364

Cet article propose une revue de littérature des enjeux freinant la mise en œuvre de la Déclaration des Nations Unies sur les droits des Peuples autochtones en contexte canadien. Adoptée en 2007, cela fait plus de dix années que des processus de mise en œuvre ont été initiés un peu partout au pays. Cet article constitue ainsi l’opportunité de revenir sur ces dix années et d’en dresser un bilan. Trois types d’enjeux ont été répertoriés, liés à la nature, au contenu et encore à l’utilisation de la Déclaration. A ces enjeux, se rajoute la question de la réconciliation en tant que frein consubstantiel au contexte canadien. Le concept de réconciliation, fortement mobilisé ces dernières années par le gouvernement fédéral pour justifier un certain nombre de pratiques, suggère un cadre référentiel de mise en œuvre beaucoup plus restrictif puisque circonscrit uniquement au cadre politique interne canadien et limitant de fait la reconnaissance des droits politiques des Peuples autochtones.
Nancy Van Styvendale
aboriginal policy studies, Volume 9; doi:10.5663/aps.v9i1.29387

Danielle N. Soucy, Cornelia Wieman
aboriginal policy studies, Volume 9; doi:10.5663/aps.v9i1.29359

Understanding that Indigenous learners can face specific barriers or challenges when pursuing higher education, schools and programs within McMaster’s Faculty of Health Sciences have facilitated admissions streams for Indigenous (First Nations, Métis, and Inuit) applicants. The intent of reframing admissions policies is to provide equitable access while aligning with the Truth and Reconciliation Commission of Canada’s Calls to Action, specifically Number 23. This work explores the development of an Indigenous-determined Facilitated Indigenous Admissions Program (FIAP), a self-identification policy that moves away from the politics of mathematical blood quantum to nationhood, community, and seeing the applicant as whole being. Further, it critiques (for example) medical school admissions as biased, in that they often replicate an elite and narrow segment of society. It also addresses how interpretations of decisions like Daniels v Canada, which speaks to the rights of Métis and non-status Indigenous peoples, are communicated or miscommunicated within emerging population groups in terms of rights and their potential relationship to admissions.
Rubab G. Arim, Evelyne Bougie, Dafna E. Kohen
aboriginal policy studies, Volume 8; doi:10.5663/aps.v8i2.29349

This study described perceptions of bullying as a school characteristic and associations with school, academic, and health characteristics among a representative sample of First Nations high school students living off reserve in Canada using data from the 2012 Aboriginal Peoples Survey. Almost 4 in 10 of First Nations youth living off reserve perceived bullying as a problem at their schools. A perceived climate of bullying co-occurred with other negative school climate characteristics such as racism, violence, and the presence of alcohol and drugs. First Nations youth living off reserve who perceived bullying as a problem at school reported higher psychological distress and a higher prevalence of suicidal ideation, even after controlling for the effects of youth sex, age, and household income. These findings highlight the need to focus on school characteristics as perceived by youth to improve school climate and youth health.
Owen Toews
aboriginal policy studies, Volume 8; doi:10.5663/aps.v8i2.29371

Canative Housing Corporation
aboriginal policy studies, Volume 8; doi:10.5663/aps.v8i2.29373

Chris Andersen
aboriginal policy studies, Volume 8; doi:10.5663/aps.v8i2.29370

Darren O'toole
aboriginal policy studies, Volume 8; doi:10.5663/aps.v8i2.29357

While Justice Dallaire was of the opinion that it would be “easier to nail Jell-O to the wall” than draw any conclusions about the existence of a “Métis” community in Maniwaki, the Séguin affaire is nevertheless scheduled to go to trial in 2020. The lawyer for the accused in the Tremblay affaire has asked for a trial novo due to "new evidence" that has come forward. This "new evidence" is partly from Dr. Sébastien Malette's expert witness report and testimony in the Séguin affaire as well as from Guillaume Marcotte's M.A. thesis that was recently published as a monograph. Malette and Marcotte also published an article together in which they claim that a certain Marie-Louise Riel of the Gatineau region was Louis Riel's aunt and that she hid him from Canadian authorities. This article seeks to evaluate both of these claims, as well as to contextualize certain quotes from Louis Riel, Gabriel Dumont and Valéry Havard that they mobilize as further "evidence" of the existence of historical "Métis" communities in eastern Canada.
Rosa E. Sanchez G.
aboriginal policy studies, Volume 8; doi:10.5663/aps.v8i2.29338

This article answers the question, 'is the influence of the Indian Act associated with worse economic income and education outcomes in Manitoba? This investigation focuses on the category of Aboriginal persons who self-reported as First Nations and compared the economic outcome of Status Indians (those affected by the Indian Act) with those of non-Status Indians. This paper's principal contribution to the field is that it assesses empirically the effect of the Indian Act on the economic outcomes of the Indian population in Manitoba using the 2011 NHS individual data. The results indicate that being a Status Indian is associated with a lower probability of higher economic outcomes in terms of income and education.
Métis Nation And Mi'Kmaq Of Nova Scotia
aboriginal policy studies, Volume 8; doi:10.5663/aps.v8i1.29363

Chris Andersen
aboriginal policy studies, Volume 8; doi:10.5663/aps.v8i1.29361

Leon Myles Ferguson
aboriginal policy studies, Volume 8; doi:10.5663/aps.v8i1.29341

To explore how the threat of prejudice can interfere with a learner’s ability beliefs, expectancies of success and subjective task value 165 Métis post-secondary students were asked to consider themselves applying for a job with a non-Indigenous employer. Participants were grouped into high and low Métis identifiers and then placed into one of three groups: (1) Employer-prejudiced, (2) Employer non-prejudiced, and (3) Employer’s attitudes about Indigenous peoples unknown. A 2x3 Analysis of Variance (ANOVA) was used to examine the relationship between Métis identity (high/low) and five concepts: (1) expectations about being hired, (2) value placed on being hired, (3) learners’ beliefs about the mock employer’s integrity, (4) the extent to which learner’s held negative over-generalized negative beliefs about non-Indigenous people, and (5) actual task performance. Although there were no interaction effects a number of main effects are reported. While students with a stronger sense of Métis identity reported more overall optimism about being hired that those learners with a weaker sense of Métis identity, they nevertheless reported less motivation to perform an assigned task to the best of their respective abilities. Students in the prejudiced condition reported lower expectations about being hired and less motivation to perform the assigned task to the best of their ability. Students in the prejudiced condition also reported stronger negative generalized beliefs about both the mock employer and non-Indigenous people in general. Although the students in the prejudiced condition reported less motivation to exert high effort on the assigned task, their actual performance on the task was not related to whether or not the hypothetical employer was described as prejudiced, non-prejudiced, or neither about Indigenous peoples. Future studies should explore how one’s sense of Métis identity and other minority group identity can influence reactions to a threatening academic environment and suppress academic motivation.
Isabel Scheuneman Scott
aboriginal policy studies, Volume 8; doi:10.5663/aps.v8i1.29333

Despite Canada’s international reputation as a world leader in women’s rights, its own policies and practices continue to target and discriminate against Indigenous women, particularly those who are entangled within the criminal (in)justice and child welfare systems (Monchalin 2016). This article synthesizes international research, with a primary focus on Canada, in order to theorize issues surrounding Indigenous women’s experiences of carceral motherhood. By drawing on critical feminist criminological and Indigenous feminist perspectives, I examine issues related to caretaking and incarceration, mothering from prison (visitations), mothering in prison (mother-child programs), and mothering after prison (parole). Despite rejecting the prison as a solution to “the crime problem,” I conclude by offering tentative recommendations on how to ameliorate Indigenous women’s experiences of carceral motherhood.
Jungwee Park
aboriginal policy studies, Volume 8; doi:10.5663/aps.v8i1.29339

This study demonstrated income assistance (IA) receipt among Aboriginal people living off-reserve using data from the 2012 Aboriginal Peoples Survey (APS), a national survey of First Nations people living off reserve, Métis, and Inuit. In 2011, 12% of Aboriginal people living off-reserve received IA. It focused on socio-demographic, labour market and health characteristics found in different types of IA receipt. For almost half of the Aboriginal IA receivers, IA was their only source of income; it was the main (but not sole) source of income for 27%; and for the remaining 28%, IA was a secondary source of income. The receipt of IA was associated with socio-demographic characteristics such as never having been married; female; younger; less than high school levels of education; and living in lone-parent households. About 20% of IA recipients were employed in 2011. Compared with other Aboriginal workers not receiving IA, they were more likely to have a job with short tenure; to be part-time workers or temporary workers; and to work in the sector of sales and services. Compared to non-recipients, recipients of IA also reported significantly poorer mental and physical health conditions. The associations between health status and IA remained significant after controlling for other demographic factors. These results have important implications for policy makers and other stakeholders interested in IA for Aboriginal people. The complexity of employment, health, and other risk factors of IA need to be considered in further understanding these issues.
Darryl Leroux
aboriginal policy studies, Volume 8; doi:10.5663/aps.v8i1.29362

Canada And The Métis National Council
aboriginal policy studies, Volume 7; doi:10.5663/aps.v7i2.29355

Chelsea Gabel
aboriginal policy studies, Volume 7; doi:10.5663/aps.v7i2.29356

Being an Indigenous CRC in the era of the TRC #Notallitscrackeduptobe
Robyn Taylor-Neu, Tracy Friedel, , Tibetha Kemble
aboriginal policy studies, Volume 7; doi:10.5663/aps.v7i2.29340

Since their official inception in the mid 1800s, Indigenous-aimed welfare policies in Canada have presupposed and entailed a racialized subject: the “lazy Indian.” This paper highlights continuities in how Indigenous subjects have been constructed in welfare policy discourse from 1867 to the present. Building from this historical overview, we analyze how today’s neoliberally inflected federal welfare regime at once recodes and reinscribes preexisting ethical narratives of “productive” and “unproductive” citizens, effectively casting Indigenous peoples as non-workers and thus “undeserving” of welfare relief. As our analysis indicates, further reform of welfare policies for Canada’s First Nations must first puncture the persistent myth of the “lazy Indian” in order to attend to the lasting legacy of colonial governance, contemporary barriers to self-sufficiency, and ongoing struggles for politico-economic sovereignty.
Linda DeRiviere
aboriginal policy studies, Volume 7; doi:10.5663/aps.v7i2.28897

Family violence in Indigenous communities is one of the most pressing policy challenges of our times. This issue is highly related to the stressors caused by the disadvantaged socio-economic circumstances of Indigenous peoples, such as poverty and unemployment, and community trauma attributed to colonization and a loss of culture. This article is a case study based on the evaluations of four community-university engagement initiatives for Indigenous children, youth, and their families at a small inner-city university. It documents six principles for policy development used to engage students in their education and to begin to perceive themselves as high school and post-secondary graduates. These programs are just a few examples of how a small inner-city university took an imaginative community development approach to promoting social change, with each program tantamount to an anti-violence strategy.
Kevin J Gardam, Audrey R Giles, Steven Rynne, Lyndsay M.C Hayhurst
aboriginal policy studies, Volume 7; doi:10.5663/aps.v7i2.29334

In this study, we employ Bacchi’s (2012) “What’s the Problem Represented to be” approach to guide our discourse analysis of federal Indigenous sport for development (SFD) policies in Canada and Australia. Through a review of government policies and reports, we highlight the often-divergent policy directives set out by federal departments in these two countries. Namely, inter-departmental partnerships in areas such as health, education, and justice fail to be adequately facilitated through SFD policies in Canada, while, conversely, Australia has strived towards greater federal partnership building. Within the identified Canadian and Australian policies, both countries consistently produced sport as having the potential to contribute to Indigenous peoples’ social and economic development, thus highlighting the growing institutional support behind Indigenous SFD. This policy analysis research provides a novel contribution to the overall growing body of literature investigating the politics of partnership building in SFD initiatives.
Chris Andersen
aboriginal policy studies, Volume 7; doi:10.5663/aps.v7i2.29354

Meredith Alberta Palmer
aboriginal policy studies, Volume 7; doi:10.5663/aps.v7i2.29353

Book Review of "Diagnosing the Legacy: The Discovery, Research, and Treatment of Type 2 Diabetes in Indigenous Youth"
Janice Cindy Gaudet
aboriginal policy studies, Volume 7; doi:10.5663/aps.v7i2.29336

Decolonizing research methodologies are increasingly becoming the forefront of research with, for and/or by Indigenous peoples. This paper aims to highlight an Indigenous research methodology that emerged from a Metis researcher’s relation with Omushkego people from Moose Cree First Nation (Moose Factory, Ontario, Canada) during my doctoral research from 2012 to 2016. The contents of the article represent a decolonizing process of doing research with a broader research aim to make links between land-based pedagogy and milo pimatisiwin (good life). It is with the Omushkego people of Moose Cree First Nation and how the community itself led me to remember, to reclaim and to regenerate what I came to identity as Keeoukaywin meaning the Visiting Way. With relationality at its core, the Visiting Way - Keeoukaywin - re-centers Metis and Cree ways of being as a practical and meaningful methodology to foster milo pimatisiwin, living and being well in relation. The study shows how an Indigenous research methodology promotes self-recognition in relation to the land, history, community and values and demystifies our own epistemic relation to historical truths.
, Alana Maltby, , Janice Forsyth
aboriginal policy studies, Volume 7; doi:10.5663/aps.v7i1.28563

Several correlates of Indigenous youth participation in sport and/or physical activities (S/PA) have been recognized; however, there is a paucity of research on the relative importance of these predictors, especially those related to the context in which the youth’s physical activities take place. The purpose of this cross-sectional study is to explore the correlates of participation in S/PA among off-reserve Indigenous youth. Using data from the 2012 Aboriginal Peoples Survey (APS), our analysis was limited to those between the ages of 12 and 17 who were attending elementary or high school and were identified as having a single Indigenous identity (First Nations, Métis, or Inuit [N=4,790]). Using logistic regression, we first assessed unadjusted the effects of each of the correlates on participation in S/PA. We then examined the magnitude of the independent effects of these correlates, controlling for the effects of others. Sampling weights and bootstrap weights were used to account for the multi-stage sampling design employed in the 2012 APS. The results of the multivariate analysis suggest that, controlling for other correlates, youth’s sex, age, health status, drinking behaviour, participation in Indigenous cultural activities and volunteering in community, as well as parental involvement in school activities, strength of family ties, and living in a lone-parent family had statistically significant effects on participation in S/PA. Further research should explore the relationships between these correlates using meditational models to better understand the nature of their effects on participation in S/PA at this age.
Jean-Dominique Morency, Éric Caron-Malenfant, David Daignault
aboriginal policy studies, Volume 7; doi:10.5663/aps.v7i1.29326

This paper aims to give an overview of trends regarding the fertility of Aboriginal people in Canada at the turn of the 21st century (mostly between 1996 and 2011). Total fertility rates and fertility rates by age group are presented for the Aboriginal population as a whole, but also for First Nations, Métis, and Inuit, as well as for the population with Registered Indian status, using various data sources (past censuses, National Household Survey, vital statistics, and Indian Register). Results of a multivariate analysis are presented. This multivariate analysis is conducted in order to improve our understanding of the dynamic behind the fertility behaviour of the Aboriginal population.
Jodi Bruhn
aboriginal policy studies, Volume 7; doi:10.5663/aps.v7i1.28443

First Nations in Canada have developed tripartite arrangements with federal and provincial governments in a range of service areas. Some scholars classify the arrangements as “mere” devolution; others debate whether they mark an emerging, more collaborative Crown/Indigenous relationship. There is also the pressing question of impact. Do tripartite service arrangements promote positive changes for affected First Nations and their members? This paper examines the character of these arrangements, as well as their impact on both services and relationships among the signatories. Analysing regional tripartite arrangements concluded over the past decade in First Nations policing, child welfare, and primary/secondary education, it then draws on evaluations, and scholarly and other “grey” literature to identify common challenges and successes. Throughout, the paper seeks to discern potential lessons from the past decade for negotiating and implementing tripartite service arrangements in the future.
Canadian Institutes of Health Research
aboriginal policy studies, Volume 7; doi:10.5663/aps.v7i1.29345

aboriginal policy studies, Volume 7; doi:10.5663/aps.v7i1.28898

The objective of this paper is to document the knowledge and experiences of healthcare professionals and researchers in Australia about the barriers to controlling Strongyloides stercoralis in Australian Indigenous communities. Qualitative research methods were used to conduct in-depth semi-structured interviews, which were digitally recorded, transcribed, and participant-checked. Data were thematically analysed to identify significant themes. Five major themes were identified:1) Barriers to health/treatment;2) Access to healthcare;3) Policy;4) Learning opportunity; and5) Ideas for intervention.The findings suggest that Australian Indigenous communities will continue to suffer increased morbidity and mortality due to a lack of control or prevention of Strongyloides stercoralis. Issues such as institutional racism, improvements to health promotion, education, socioeconomic determinants, and health care system policy and procedures need to be addressed. This study identifies several direct implications for Indigenous health:The need for increased knowledge and understanding of the risks to health for Indigenous community members;The need for prevention policy development for neglected tropical diseases in Indigenous communities;The need for increased knowledge and understanding of the treatment, diagnosis, and healthcare access concerning Strongyloides stercoralis for health professionals and policymakers who work within Indigenous health;The need to raise awareness of systematic institutional racism in the control and prevention of neglected tropical diseases in Indigenous communities; andThe need for a health promotion framework that can provide the basis for multiple-level interventions to control and prevent Strongyloides in Indigenous communities.
Chris Andersen
aboriginal policy studies, Volume 7; doi:10.5663/aps.v7i1.29344

Chantelle Richmond
aboriginal policy studies, Volume 7; doi:10.5663/aps.v7i1.29342

The persistence of egregious inequities signals that we are at a critical juncture regarding the health of Canada’s Indigenous peoples. Now is the time to seriously reflect on the relationships between Indigenous realities, public policy, and the role of Indigenous research environments therein. Addressing the complexity of contemporary Indigenous health inequity requires a fundamental reorientation in the ways we conduct and think about research. This commentary explores the transition currently taking place in Indigenous health training and development in Canadian universities, with a focus on Ontario’s Indigenous Mentorship Network. At the heart of the Ontario Network is the Anishinabe philosophy Mno Nimkodadding Geegi (“We Are All Connected”). In our attempts to address Indigenous health inequality in Canada, we take the perspective that the most important answers will come when we take the time to listen to Indigenous communities. This commentary closes with a discussion on bravery. Just as Indigenous scholars push to make space for their scholarship within the university environments, so too must our institutions have the bravery needed to address the structural changes required to foster that success.
John George Hansen, Chanda Corinne Hetzel
aboriginal policy studies, Volume 7; doi:10.5663/aps.v7i1.28525

This article explores the experiences of addiction recovery among urban Indigenous and non-Indigenous youth who attended the Saskatoon Community Youth Arts Program (SCYAP). SCYAP is a community-based organization that provides creative ways for youth to express themselves through art, and is intended to address the social, economic, and educational needs of urban youth who are characterized as at-risk. SCYAP has functioned since 2001 in Saskatoon, Saskatchewan. Six Indigenous youth and four non-Indigenous youth were interviewed to explore how the processes of addiction recovery were understood and or experienced. The study postulates a theory of addiction recovery founded on Indigenous and non-Indigenous experiences, a sense of belonging, identity, values, art, and visualization. This study is qualitative in nature and explores the experiences of Indigenous and non-Indigenous youth in relation to addiction recovery. Research results show that Indigenous youth and non-Indigenous youth who use the services of SCYAP have meaningful insights into the ways in which they experience and understand addiction recovery.
Ruth Amir
aboriginal policy studies, Volume 7; doi:10.5663/aps.v7i1.28804

This article explores the significance of the TRC’s assertion that the establishment and operation of residential schools were a central element of Canada’s Aboriginal policy that can be described as cultural genocide, against the backdrop of Canada’s historical position on cultural genocide and in view of residential schools litigation. It analyzes the deliberations over the United Nations Convention on the Prevention and Punishment of Genocide (The Genocide Convention) in various United Nations (UN) organs, Canada’s historical position, and the selective adoption of the Genocide Convention in Canadian law. My argument is threefold; first, I argue that the TRC assertion is indeed timely. Cultural genocide is not an inferior second-rate type of genocide, although it is not included in the Genocide Convention. Conceptually, cultural genocide is a full-blown genocide, even if it is not legally actionable. Second, Canada shielded itself legally above and beyond claims of genocide as it transplanted the Genocide Convention into Canadian law. Finally, while the cultural genocide phraseology may facilitate a wider scope of tort claims, the absence of appropriate legislation changes means Aboriginal people are likely to continue to view Canadian law as an oppressive settler-state mechanism.The first section of this article explores the notion of genocide as the destruction of cultures and the contextualization of the colonial experience within this notion. The second outlines briefly the drafters’ justification for the exclusion of cultural genocide in the Genocide Convention, the Canadian position with regard to cultural genocide, and the selective manner in which the Genocide Convention was incorporated in Canada’s criminal code. Section three analyzes residential schools litigation within Canada’s narrow, individual-based tort law. Finally, the significance and implications of the TRC conclusion will be discussed.
Jérôme Melançon
aboriginal policy studies, Volume 7; doi:10.5663/aps.v7i1.28943

Idle No More is a movement of dissent insofar as it refused the reality and truth about Indigenous peoples that are imposed by the state and the majority of the settler population. In focusing on anticolonial dissent, Idle No More continues previous Indigenous movements, brings together existing movements and campaigns, and maintains open the questions of the goals to be pursued and of the means of pursuing them. The appeals to rights in Idle No More thus represent not only a judicial question but also the re-opening of political questions and the fundamental questioning of the existence of the Canadian state.
, Claudie Larcher,
aboriginal policy studies, Volume 6; doi:10.5663/aps.v6i2.29328

This paper is based on the result of a qualitative content analysis of the transcripts of the Hirsekorn trial which took place from 4 May 2009 to 24 June 2010 before the Provincial Court of Alberta. The case was based on the framework established in the Powley case, handed down in 2003, the Supreme Court of Canada’s first decision on Métis rights. In defence, the accused asserted an aboriginal right to hunt protected by section 35 of the Constitution Act, 1982. Hence, the judges had to render a decision on the Métis identity of the accused and his membership in a rights-holding Métis community. The main question at issue then becomes the existence of such a community. In this paper, the authors analyze the concept of “community” as a legal category and as a holder of rights. They highlight the various definitions given to that concept by the Crown and the defence and their implications. This analysis follows the path of anthropological work regarding the concept of “community.”
Signa A. Daum Shanks
aboriginal policy studies, Volume 6; doi:10.5663/aps.v6i2.28314

Métis Action, Canadian Law and Historical Research: Preliminary Thoughts about Strategies For Current Efforts
Joseph Magnet
aboriginal policy studies, Volume 6; doi:10.5663/aps.v6i2.28316

On August 14, 2016, the Supreme Court of Canada decided Daniels v. Canada,[1] one of (if not) the most transformative indigenous constitutional cases of this generation. The Daniels decision is the culmination of a 17-year legal odyssey that began in 1999. I’m going to discuss the origins of the Daniels case, the hopes that motivated the plaintiffs’ team I led as we soldiered on, and invite you to peer into some possible futures in the aftermath of our victory.[1] Daniels v. Canada, 2016 SCC 12
Kerry Sloan
aboriginal policy studies, Volume 6; doi:10.5663/aps.v6i2.28241

This paper examines the perspectives of Metis people in the southern BC interior about how to deal with the rejection by the courts of all three Metis rights claims in the province. The perspectives of those directly involved in the three cases, along with community members in the subject areas (Thompson/Shuswap, south Okanagan, Kootenays) reveal that people generally prefer negotiation to litigation in the BC context, as lack of understanding of Metis history, territories and communities in BC creates difficulties for BC Metis litigants. Negotiation was viewed favourably by participants, but continuing to practise rights was seen as more important than gaining state recognition of rights.
D'arcy Vermette
aboriginal policy studies, Volume 6; doi:10.5663/aps.v6i2.28227

This paper challenges the assumptions and interpretative frameworks used by several prominent scholars of Metis history in Manitoba. The scholars were chosen for their prominence in their field and their particiation as expert witnesses in recent litigitation betwen the Crown and the Manitoba Metis. The article demonstrates that the scholarship (dubbed the "standard discourse") is repleat with apologists techniques meant to undermine the impact of government blundering, unsound historical interpretation, an emphasis on individuals as the unit of interpretating history and, in the case of one author, a well-established bias against Aboriginal cultures. The paper serves as a window into understanding the unspoken aspects of the standard discourse. Utimately, it is helpful to recognize that much of the standard discourse is based on preference of the researcher and does not represent an absolute truth in interpretation.
Chris Andersen
aboriginal policy studies, Volume 6; doi:10.5663/aps.v6i2.29330

Paul Chartrand
aboriginal policy studies, Volume 6; doi:10.5663/aps.v6i2.29329

The Constitutional Status and Rights of the Métis People in Canada
Robert L. A. Hancock
aboriginal policy studies, Volume 6; doi:10.5663/aps.v6i2.29327

From New Peoples to New Nations: Aspects of Métis History and Identity from the Eighteenth to Twenty-First Centuries by Gerhard J. Ens and Joe Sawchuk
Supreme Court Of Canada
aboriginal policy studies, Volume 6; doi:10.5663/aps.v6i2.29331

Daniels v. Canada (Indian Affairs and Northern Development)
Brenda Gunn, Bryn Rieger
aboriginal policy studies, Volume 6; doi:10.5663/aps.v6i2.29204

From 16th century, through until the 19th century, European nations signed many treaties with Indigenous peoples based on mutual understandings, grounded in both European and Indigenous legal principles, recognizing Indigenous peoples’ sovereignty and capacity to enter into Treaties. Despite this early international treaty-making context, there is often an assumption that Indigenous peoples lacked the international standing to conclude international treaties with other (European) nations. It is further assumed that Métis people never concluded treaties with the Crown. This article argues that the agreement that led to the passing of the Manitoba Act, 1870 meets the requirements for a valid treaty in international law, based on international law at the time. This article builds off growing literature that recognizes Indigenous-state treaties as international in character. Recognizing the international character of the agreement is critical to re-establishing the nation-to-nation relationship between Canada and Métis peoples.
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