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Struggle for Recognition: Canadian Justice and the Metis Nation (From Self-Sufficiency in Northern Justice Issues, P 107-120, 1992, Curt Taylor Griffiths, ed. -- See NCJ-141302)

NCJ Number
141304
Author(s)
L Barkwell; D N Chartrand
Date Published
1992
Length
14 pages
Annotation
This discussion traces the struggle of the Metis people in Canada to retain and develop their own legal system; this includes an assessment of the impact of the criminal justice system on the Metis people and future directions.
Abstract
The Metis people have a history of seeking self- government and independence in the face of colonialism. Very early in Canadian history, representatives of the Metis people were in London, England, petitioning the Colonial Office for recognition of the inherent aboriginal rights of Indians and Metis, which, it was argued, were independent of colonial law. In Manitoba, a Metis bill of rights, drawn up by Louis Riel, was in place by 1869. In 1870, the Metis accomplished the goal of bringing Manitoba into confederation as a Metis Province. The Metis view the Manitoba Act as fundamentally a Metis treaty with the Dominion of Canada. The Federal Government, however, failed to comply with the provisions of the Manitoba Act. Laws were enacted to undermine Metis culture and self-government. Currently, the destruction of the Metis as a community and a culture is proceeding at a slow but sure pace. The Metis are taking steps to assume control over their own social and criminal justice affairs, but they have met obstacles. Attempts are being made to establish services for children and families, but these efforts are being obstructed by the government. Every attempt at the provision of community- based services in Metis communities is thwarted by the Metis not having a land-based justice or social system. The Metis are challenging parts of the Manitoba Act because the Metis reserve was effectively taken away from them. The Metis are now attempting to get back their land base or obtain a settlement that would provide a land base. This would become the basis for Metis to establish community-based justice and social services. 2 resource readings