Aboriginal self-government - legal and constitutional issue…

Aboriginal self-government - legal and constitutional issues 1995 Ottawa, Canada- Royal Commission on Aboriginal Peoples- pg141. - papers argues that it is logical and sensible to consider persons of mixed ancestry of all kinds to be within sec. 91(24) jurisdiction and that the

Metis are included within the fiduciary relationship owed by the crown to the Aboriginal peoples. (pg142) The recognition of Metis as one of the "aboriginal peoples of Canada" in section 35 of the Constitution Act 1982, reinforces this federal practice. "It is concluded that

sec 91(24) includes persons of mixed ancestry." pg143- "the Guerin case suggests that the federal gov. may be breaching its fiduciary obligations if it refuses to initiate legislation needed to acknowledge the existence of certain Aboriginal peoples or to meet basic economic

or social needs." https://t.co/90gG3LeCFC -
RELATED CASES AND POSTS
Guerin v. The Queen, [1984] 2 SCR 335

pg144. - "there is no complete agreement on who the Metis are, although there are many different views, including among Metis people themselves. The term Metis has historically been largely associated with the French speaking and Roman Catholic population of Rupert's Land

reflecting the results of intermarriage among Indian women and les Canadiens along with their descendants." " Now it is widely and popularly used to identify a larger and still imprecisely defined group of persons of mixed Indian and non-Indian ancestry, some of whom also fall

within the category of non-status and status Indians as a result of the registration rules under the Indian Act."/ YC28-0-411-12-the people who own themselves-David Chartrand, president of the MMF also noted the issue of the Indian status in many of these historic Metis comm.

The People Who Own Themselves - Recognition of Metis Identity in Canada - Senate - YC28-0-411-12 - David Chartrand - families will eventually reclaim their Metis identity, as generations lose their status under the Indian Act over time.

Metis election sees 70 candidates - 1993-08-30 - Windspeaker - lost 1000s of members in 1985 when Bill C-31 re-instated many Metis to status of an Indian.

pg145 "is an inconsistent pattern of colonial, and subsequently federal and provincial, gov legislation, policy and practice with respect to the Metis." @CrownIndigenous @JustinTrudeau

pg146 - "use of the terms 'half-breed' and 'mixed blood' because of their inevitably racist overtones and the derogatory way in which they have been used. We have nonetheless felt compelled to use them with some regularity, as they were common words of the nineteenth and much of

the twentieth century developed by newcomers and imposed upon the descendants of mixed marriages." "these expressions were regularly used in legislation and other legal documents as well as serving as a way of distinguishing between RR French-speaking Metis and others of mixed

ancestry, often to isolate the Metis from non-Aboriginal society." "Wherever possible we prefer to use the term 'Metis', as it has become the title of choice of the people concerned and has now been accepted in a non-derogatory manner."

pg148- The Many Definitions of Metis-" recent study of the question of Metis identity by a Metis scholar, Antoine Lussier notes that at a 1981 conference "there appeared to be much confusion regarding the term to be used when discussing the mixed-blood people of

nineteenth-century Canada and the northern US." After citing the essential portions of seven current definitions of Metis, Lussier observes that in some cases they allow not only for non-status Indians to join Metis org's, but that in one case even certain non-Aboriginal people

are eligible to join(through marriage and subject to associate member status..." "NCC has a broad def of Metis encompassing virtually all persons of mixed Abor and non-Aboriginal blood in Can.,irrespective of historical origins, who self-identify as Metis."(MMF identity in 1978)

Documents and articles about Me´tis people-1972- Saskatoon, Sask-Basis for some of the information used in the book The non-people, by Dave McKay- Membership

Documents and articles about Me´tis people-1972- Saskatoon, Sask-Basis for some of the information used in the book The non-people, by Dave McKay- "Membership - wives and children of those of Metis Extraction." #Metis

Documents and articles about Me´tis people-1972- Saskatoon, Sask-Basis for some of the information used in the book The non-people, by Dave McKay- Claims of the Metis - Leader Post Jan 31 - 1939.

The one-and-a-half men- the story of Jim Brady and Malcolm Norris, Metis patriots of the twentieth century-Dobbin, Murray-1981- Ewing commissions working definition of a half-breed. "if he has one drop of Indian blood in his veins and has not been assimilated into

the social fabric of our civilization he is a Metis."/ The one-and-a-half men- the story of Jim Brady and Malcolm Norris, Metis patriots of the twentieth century-Dobbin, Murray-1981- "Brady couched the executive to use Metis Classification during the hearings." "The nomadic

Metis-a large proportion of whom were actually ex-treaty Indians"

Aboriginal self-government - legal and constitutional issues 1995 Ottawa, Canada- Royal Commission on Aboriginal Peoples- pg149. - The purpose of the MNC was to lobby exclusively for Metis. "The MNC definition of Metis focuses primarily on the descendants of those persons in

western Canada to whom the fed gov made promises of land as well as others with Aboriginal blood accepted by successor Metis communities as Metis:" @MNC_tweets

June 1983 - New Breed - Policy Development Workshop for MNC Successful - Chartier said the -"MNC- was not a closed society and that there is room for other Metis. "

pg150 - The issue of how to define Metis is not a new one. Lussier's research into the question uncovers historical evidence of a similar debate more than 100 years ago. A list drawn from an anthropological journal from 1875 reveals nine different categories of persons

classifiable as members of the "mixed-blood race". / September 6 2010 - Turtle Mountain Star - pg 9 - Great musicians, singers and dancers of mixed-blood ancestry from the Turtle Mountain Band of Chippewa proudly demonstrated their talents.

April 26, 2010 Turtle Mountain Star - A matter of identity - Little shell people embrace their mixed race heritage , like the Chippewa of Turtle Mountain, many call themselves Metis.

February 8, 2010 pg 17 - Turtle Mountain Star - one of the main uses of the red River cart by the Metis or metichif - mixed blood people was to transport their bounty home.

Champlain- peacemaker and explorer-by Fryer, Mary Beacock, 2011 - Metis is a person of mixed European and Native blood..

An empty shell of a treaty promise- R v Marshall and the Rights of the Non-Status Indians - Pamela Palmater Dept of Justice - "Metis people are Aboriginal people with mixed Aboriginal ancestry."

Micmac News June 1979 - NO THREAT TO COUNCIL - President Viola Robinson says 75 percent of its membership is Metis because all children of a non-status Indian woman are classified as Metis.

A scattering of seeds - the creation of Canada-by Tracey, Lindalee 1999 - some of d'Entremonts children's children had married into the Mi'kmaq nation and their children were Metis.

First Nations Child And Family Services-Whither Self-Governance- By Kelly A MacDonald-UBC- Thesis submitted-For The Degree Of Master Of Laws Oct 2000- Non-Status children by default become Metis.

Canadian environmental law reports, third series 2003 - Labrador Metis Nation - had 6000 members of mainly mixed Inuit and European descent in 24 communities.

Fourth census of Canada, 1901 by Canada. Census office - 1902 - People of mixed white and red blood - commonly known as - metis.

RCAP 577 - Metis Settlement membership - it should be noted that Metis is defined in s.1j of the Metis Settlements Act as meaning - a person of aboriginal ancestry who identifies with Metis history of culture.

An ethnographic report on the acadian metis 2018 - Pere Jean-Mande Sigogne noted Isaac Mius and Dominique Mius to have been Sang-Meles in his April 29 1809 letter to Monseigneur Joseph-Octave Plessis.

Chartier - founding of mnc began to crystallize the shift in Metis identity - not as off reserve mixed-bloods-but as a distinct people .

Aboriginal self-government-legal and constitutional issues 1995 Ottawa, Canada-Royal Commission on Aboriginal Peoples-pg152. - "Until 1930 so many individuals were still moving back and forth between the 'Indian' and 'half-breed' categories that the Dept of Indian Affairs had to

investigate the band lists and chose to discharge hundreds of people." "it is important to realize that many people solely of Indian Ancestry particularly in the northern part of what are now the prairie provinces, chose to take scrip and thereby became identified as Metis,

because of their resistance to the idea of relocating to reserves and their preference to maintain their traditional lifestyle as wildlife harvesters in the bush." "Definition proved difficult even for Metis who were only a few generations removed from Louis Riel (who also was

not 1/4 blood and at times would not meet the Metis definition)The Metis association of Alberta offered an initial definition to the ewing commision in 1934,as being "anyone with any degree of Indian ancestry who lives the life ordinarily associated with the Metis" /Federal and

provincial responsibility in the Métis settlements of Alberta - Fred Martin - 1988. 50 p - Claims and Historical Research Centre S.l4 - half-breed definition - ewing commission.

Devoid of Principle-The Federal Court determination that section 91(24) of the Constitution Act, 1867 is a race-based provision- JEAN TEILLET AND CARLY TEILLET - Louis Riel described his preference for the term Métis as follows:

use of the term half-breed - Metis term is at the preference of MNC - Library Archives of Canada.

Aboriginal self-government - legal and constitutional issues 1995 Ottawa, Canada- Royal Commission on Aboriginal Peoples- pg153. - In 1940 the act imposed that Metis needed to be 1/4 blood Indian - Louis Riel himself would not qualify. / "The ewing commissions mandate was to

deal with the problems of the "half-breed population of the province", that is destitute mixed-blood individual residents throughout the province." "Metis were treated by the province more or less the way Indians would have been treated by the federal gov, as a culturally and

racially distinct group meriting separate group treatment. Aboriginal self-government-legal and constitutional issues 1995 Ottawa, Canada-Royal Commission on Aboriginal Peoples- pg154- The Phenomenon of Mixed-Blood Populations - "In etymological terms, Metis means simply mixed

and is defined as follows in the French dictionary Le Petit Robert" "Once this croisement is made, the "Metisness" is never lost in a sense, as the offspring of subsequent unions will retain this Metis ancestry. Intermarriage among Metis, however, gives rise to

a distinct identity, and thus a new people is born and some would suggest a new race." "Harrap's Shorter Dictionary (French-English) translates Metis as 'halfcaste' or 'halfbreed'. The historical record supports the continuity of these definitions. Both 'Metis' and 'half-breed'

were the terms generally in use in nineteenth century ..." The “Possessed” Girls of Bas-de-Tousquet -An Interpretation of Popular Religious and Cultural Evidence-Colby Gaudet-02 February 2018.- "detested caste of mixed people." (Nova Scotia)

The British Empire-Somervell,D. C. David Churchill- 1934 published-Second edition-French fur-trappers,known as coureurs de bois ...became as wild as the Red Indians,intermarried with them,and formed a widely dispersed half-caste population.

Jan 1893 - A Catholic Dictionary: Containing Some Account of the Doctrine, Discipline, Rites, Ceremonies, Councils, and Religious Orders of the Catholic Church - 'half-caste'

Federal Court ruling Harry Daniels et al v Queen, Jan 8 2013 - Contributor - Chris Carter (CBC News) - 2013-01-08- half-castes at Red River.

Aboriginal self-government - legal and constitutional issues 1995 Ottawa, Canada- Royal Commission on Aboriginal Peoples- pg155. - "Persons of mixed blood- the term Mestizo, the Spanish equivalent of Metis that refers to the mixed-blood pop of Central and South America."

Black Africans and native Americans-color, race, and caste in the evolution of red-black peoples-by Forbes, Jack D 1988-Mestizo and its equivalents - especially mestis or metif in French.

The only land they knew-the tragic story of the American Indians in the Old South-by Wright, J. Leitch 1981- The burden of proof today is to establish that an eighteenth or nineteenth century chief in question was not a mestizo.

The only land they knew-the tragic story of the American Indians in the Old South-by Wright, J. Leitch 1981-mestizo offspring of white traders and natives.

Chartier and Milen attend meetings in Geneva - AUGUST-SEPTEMBER 1983 - New Breed./ "Milen and Chartier also attended the meeting of the World Council Of Indigenous People executive meeting." "MNC will have to come up with a different definition other than using the word 'Metis'

in their legal name. The Indians in Central America use the Spanish term 'Mestizo', which is the same thing as Metis, although the situations of the two groups are very different.

pg 156 - Some writers and, more important, many Metis people in eastern Canada oppose the traditional western frontier and fur trade orientated explanation of the origins of the Metis, however, and focus on the presence of mixed-blood persons and groups from the earliest periods

of European exploration and colonization. "Writings of an early French colonist in Acadia refer to the children produced by the interaction between local Mi'kmaq women and French sailors. More recent writers note the existence of a separate Metis community in what is now

Nova Scotia as early as 1650./The Metis in SouthWestern Nova Scotia-William Wicken Oct 2004- Mirligueche (Lunenburg) where a distinct metis community had emerged in the years after it's settlement by the Compagnie des cents-associes in 1632.

Janet Chute - A Good Day On The Aboiteau 2004- study of the Acadian-metis of Eel Brook and Quinan area- Glode Farm and the Great Pubnico Lake metis community 1840 to 1930.

Aboriginal self-government - legal and constitutional issues 1995 Ottawa, Canada- Royal Commission on Aboriginal Peoples- pg158. - Catherine Bell - Aboriginal Terminology

Aboriginal self-government - legal and constitutional issues 1995 Ottawa, Canada- Royal Commission on Aboriginal Peoples- pg159./ "Lussier's review of the writings of certain nineteenth century commentators indicates that the historical Metis and half-breeds of western Canada

were not necessarily a homogeneous group possessed of a shared group identity, despite the two conflicts with Canada led by Louis Riel." "It is important, therefore, to realize that there were many mixed-blood groups at Red River ... and that each was distinct religiously,

linguistically and even geographically. To write now that they were a homogeneous group is to distort history..."The one-and-a-half men- the story of Jim Brady and Malcolm Norris, Metis patriots of the twentieth century-Dobbin, Murray-1981- Brady knew that a reinterpretation of

Canadian and Metis history would not suffice to persuade the commissioners that 'relief' was an inadequate solution to the problem... In order to promote self-determination, Brady would have to draw the historical argument further and illustrate that there was a continuity

between the "glorious tradition of the Metis in fighting for the democratic opening of the west" and the present Metis population." It is likely Brady coached other executive members in preparation for the hearings. The executive and its allies used this classification..."

Aboriginal self-government - legal and constitutional issues 1995 Ottawa, Canada- Royal Commission on Aboriginal Peoples- pg160. - Many people who had lived their entire lives as Metis were now status Indians.

Aboriginal self-government - legal and constitutional issues 1995 Ottawa, Canada- Royal Commission on Aboriginal Peoples- pg161. Methods of defining Aboriginal group memberships.

Aboriginal self-government - legal and constitutional issues 1995 Ottawa, Canada- Royal Commission on Aboriginal Peoples- pg166. - The term Metis and who it encompasses.

Aboriginal self-government - legal and constitutional issues 1995 Ottawa, Canada- Royal Commission on Aboriginal Peoples- pg167. - need for a definition of Aboriginal.

Aboriginal self-government - legal and constitutional issues 1995 Ottawa, Canada- Royal Commission on Aboriginal Peoples- pg168. - ultimately it is up to the Metis themselves to decide who they are.