When the Metis were included in section 35 of the Constitution Act 1982, Metis leaders were euphoric. With the constitutional recognition of the Metis as on of the three Aboriginal peoples of Canada and the protection of Metis Aboriginal rights in section 35 of the Constitution Act, 1982, it was thought that the battle for recognition was over. Surely the next step would be the federal government's recognition of its jurisdiction for the Metis and the recognition by the courts and the Crown that Metis have Aboriginal rights that can be exercised along with those of the Indians and the Inuit. But Metis expectations were short lived. More than twenty years later, Canada refuses to recognize it has legislative jurisdiction for the Metis, arguing that Metis are a provincial legislative responsibility. And both the federal and provincial governments have failed to conduct themselves in keeping with the principle of the "honour of the Crown" because they consistently deny that Metis have Aboriginal rights. Whenever Metis harvesters attempt to exercise their rights, the Crown is there as a game warden, prosecutor or jailor, but never as a fiduciary to maintain the Crown's honour. The Crown often argues that without a clear understanding of Metis definition and identity, Metis Aboriginal rights would be too difficult to administer. More importantly, the Crown has argued that if Aboriginal rights are linked with pre-contact customs practices and traditions, the Metis could not possibly meet the Aboriginal rights test that has been established by the courts. But then came the decision in R. v. Powley making it clear that the Metis are a distinct people, separate from the Indians and the Inuit, with Aboriginal rights flowing from the customs, practices and traditions of Metis communities that emerged subsequent to the period of first contact, and prior to the exercise of "effective control" by the Crown. The Supreme Court of Canada found in favor of Powley by using a "purposive" approach in the analysis of Metis Aboriginal rights and by not mechanically applying the section 35 justification analysis. The purpose of this thesis is to develop a core set of principles that can be used as a framework for a purposive analysis of Metis Aboriginal rights. The principles support the propositions that: Metis fall within the exclusive legislative jurisdiction of the federal government; that Metis have Aboriginal rights that are recognized and affirmed by section 35; and, that Metis Aboriginal rights are immunized from the application of provincial wildlife regulations because of the doctrine of interjurisdictional immunity. / Law, Peter A. Allard School of / Graduate

Thesis (M.A.) - Simon Fraser University, 2006. / Theses (Dept. of Archaeology) / Simon Fraser University. Also issued in digital format and available on the World Wide Web.

Thèse de doctorat : Sociologie et Anthropologie : Lyon 2 : 2001. / Titre provenant de l'écran-titre. Bibliogr.

No description available.

If the psychiatrist's belief that childhood determines adult behaviour is true, then historians should be able to ascertain much about the fabric of past cultures by examining the way in which children were raised. Indeed, it may be argued that the roots of new cultures are to be found in the growing up experiences of the first generation. Such is the premise adopted in this thesis, which explores the emergence of the Metis in the Pacific Northwest by tracing the lives of fur trade youngsters from childbirth to old age. Specifically, the study focuses on the children at Fort Vancouver, the Hudson's Bay Company headguarters for the region, during the first half of the nineteenth century — a period of rapid social change. While breaking new ground in childhood history, the thesis also provides a social history of fur trade society west of the Rocky Mountains. Central to the study is the conviction that the fur trade constituted a viable culture. While the parents in this culture came from a wide variety of ethnic backgrounds, their mixed-blood youngsters were raised in the 'wilderness' of Oregon in a fusion of fur trade capitalism, Euro-American ideology and native values — a milieu which forged and shaped their identities. This thesis advances the interpretation that, despite much variation in the children's growing up experience, most fur trade youngsters' lives were conditioned and contoured by the persistent and sometimes contrary forces of race, class and gender. In large measure, the interplay of these forces denoted much about the children's roles as adults. Rather than making them victims of 'higher civilization,' however, the education of fur trade children allowed them access to both native and white communities. Only a few were 'marginalized'. The majority eventually became members of the dominant culture, while a few consciously rejected the white experience in favour of native lifestyles. / Arts, Faculty of / Philosophy, Department of / Graduate

Texte remanié de: Tesis--Universidad de Sevilla, 1987. / Bibliogr. p. 1273-1296.

Extr. de: Habilitationsschrift--Philosophische Fakultät--Kiel--Universität, 1985.

Thesis (M.A.)--Oregon State University, 2007. / Printout. Includes bibliographical references (leaves 169-182). Also available on the World Wide Web.

In this work, I introduce the concept of identity, outline its importance, and argue in favour of a post-modem conception of identity, underpinned by the principles of contestation, anti-essentialism and hybridity. This notion of identity, which is supported by both theoretical and case evidence, is in tension with the practices of the courts, which are often asked to make determinations that impact identities. The court's conventions and practices privilege a modernist notion of identity; given these restrictions, how are post-modern identities, such as the Metis, to be recognized? Using the case ofK v. Powley, / explore the possibilities and openings for a post-modern concept of identity to be realized in the courts. While there are conflicts and restrictions, judges, courts and the law demonstrate sufficient flexibility to allow for post-modern principles to be realized. I conclude by arguing that the courts should go further in developing a post-modern conception of identity in their work, and explore the issues and implications of doing so. I also reflect on the broader question this work presents, namely the role of the law and the possibilities for change therein. / Arts, Faculty of / Political Science, Department of / Graduate

Ethnicity, religion, class, and gender are important elements in determining the cultural texture of society. This study examines these components at an important junction in the history of the Pacific Northwest through the lives of students enrolled in two girls’ schools established by the Sisters of Notre Dame de Namur (SNDN) in the Willamette Valley in the 1840s. These girls, predominantly métis daughters of fur-trade settlers and their Indian wives, along with their Irish and Anglo-American classmates, represent the socioeconomic and cultural transformation of the region as the mixing that gave rise to the unique intermediary culture referred to as “fur-trade society” succumbed to American political and social domination. The primary interest of this study is the process of acculturation facilitated by the Sisters of Notre Dame de Namur and the effect of this acculturation on the métis students. By using a sample of students drawn from the 1850 United States Federal Census of the Oregon Territory, documents relating to the fur trade, Catholic Missions, and early settlement, and standard genealogical and biographical sources, this study compares the two SNDN schools through an analysis of their academic and cultural purposes and ethnic lineage, socioeconomic class, and religious affiliation of other students. Furthermore, as a test of the success of their religious training and acculturation, this study examines the socioeconomic and ethnic characteristics of marriage partners and the students’ religious affiliation as adults, and looks for evidence of métis ethic identity. The resulting analysis uncovers a two-tier system of education that mirrored the bipartite social structure of fur trade: the SNDN tailored the educational offerings at the two schools to serve the different needs of their discrete populations of settlers. Subsequent to their schooling, servant class métis girls most often retained paternal religious and ethnic ties, while officer class daughters show less attachments to their Catholic religious roots and chose more ethnically diverse spouses. Finally, the exogamous martial patterns of both groups discount the presence of strong métis ethic identity.