'The Lands... Belonged to Them, Once by the Indian Title, Twice for Having Defended Them... and Thrice for Having Built and Lived on Them': The Law and Politics of MéTis Title

(2016) 54:1 Osgoode Hall Law Journal 1

54 Pages Posted: 10 Apr 2017 Last revised: 11 Apr 2017

See all articles by Karen Drake

Karen Drake

Osgoode Hall Law School at York University

Adam Gaudry

University of Alberta

Date Written: 2016

Abstract

To predict what is on the horizon of the Métis legal landscape, we can look to jurisprudence on First Nations’ rights, given that Métis rights cases are typically ten to fifteen years behind those of First Nations. With the release of the Supreme Court of Canada’s decision in Tsilhqot’in, the next big issue in Métis law may be Métis title. Scholars have doubted the ability of Métis to establish Aboriginal title in Canada for two reasons: first, Métis were too mobile, and second, Métis were too immobile. This paper critically analyzes these positions and argues that the case for Métis title in Canada is a strong one. As such, governments in Canada would do well to focus on resolving outstanding Métis title claims.

Keywords: Aboriginal title, Métis title, Métis Nation, land claim

Suggested Citation

Drake, Karen and Gaudry, Adam, 'The Lands... Belonged to Them, Once by the Indian Title, Twice for Having Defended Them... and Thrice for Having Built and Lived on Them': The Law and Politics of MéTis Title (2016). (2016) 54:1 Osgoode Hall Law Journal 1, Available at SSRN: https://ssrn.com/abstract=2949487

Karen Drake (Contact Author)

Osgoode Hall Law School at York University ( email )

4700 Keele Street
Toronto, Ontario M3J 1P3
Canada

Adam Gaudry

University of Alberta ( email )

Edmonton, Alberta T6G 2R3
Canada

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