Are the Metis in Section 91(24) of the Constitution Act, 1867? An Issue Caught in a Time-Warp

Abstract

Morse argues that Federal exclusion of the Métis as "Indian" in section 91(24) of the Constitution Act, is a form of legislative discrimination that avoids securing Métis title to government supports, land and resource rights.  Métis were intentionally excluded from the Treaty negotiating process during the late 19th and early 20th centuries. The Canadian Government had offered Scrip to Métis in the Red River Valley, which were plots of land issued under a title; however, Scrip too was purposefully withheld by the Government, and not infrequently Métis were forced to sell their plots to encroaching settlers. For many Métis, they were dislocated from their homelands, leaving them without a land-base or any Federal protections which guaranteed certain Treaty Rights. Morse analyzes legislation, references court proceedings and legal challenges, and writes on the history of Métis-Crown relations.

 

Publication Information

Morse, Bradford W. "Are the Metis in Section 91(24) of the Constitution Act, 1867? An Issue Caught in a Time-Warp," In Métis-Crown Relations: Rights, Identity, Jurisdiction and Governance, Ed. Mallet, Melanie., Frederica, Wilson. Toronto: Irwin Law, 2008. 121-140.

Author
Morse, Bradford W.
Publication Date
2008
Primary Resource
Secondary
Resource Type