Daniels v. Canada

In and Beyond the Courts

Nathalie Kermoal, Chris Andersen, Nathalie Kermoal, Chris Andersen

• Publisher: University of Manitoba Press
• Year: 2021
• Print ISBN: 9780887559334
• eBook ISBN: 9780887559310
• Topic: Law
• Subtopic: Civil Law
• Index: Law

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.

Table of contents

• Cover
• Contents
• Acknowledgements
• Introduction
• Chapter 1. Daniels in Context
• Chapter 2. Harry Daniels and Section 91 (24) of the British North America Act: A Blueprint for the Future
• 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 6. Racism, Canadian Jurisprudence, and the De-Peopling of the Métis in Daniels
• Chapter 7. Daniels through an International Law Lens
• Chapter 8. Daniels v. Canada beyond Jurisprudential Interpretation: What to Do Once the Horse Has Left the Barn
• Chapter 9. Outlining the Origins of “Eastern Métis” Studies
• Chapter 10. Making Kin in a Postgenomic World: Indigenous Belonging after the Genome
• Chapter 11. How We Know Who We Are: Historical Literacy, Kinscapes, and Defining a People
• Conclusion. The Multiple Lives of the Daniels Case
• Bibliography
• Contributors
• Index