The purpose of this thesis is to discuss the constitutional right of the Métis to hunt in the Canadian legal consciousness in the four levels of court that heard the Powley case and comment on the judicial approach and observations. After a comparative analysis of the precedent setting Powley decision, a brief examination is undertaken of two recent cases regarding Métis rights in Canada: Laviolette and Willison. <p>Ultimately, the purpose of this research has been to show the treatment of Métis and First Nations Aboriginal rights have not been treated equally and to confront the challenges that this analysis raises. Section 35 of the Canadian Constitution has not provided the protections to Aboriginal rights that one would expect. In order to make changes to the legal system I have identified some fundamental problems with Aboriginal law in Canada associated with the identification of the source of those rights. <p>Further, I have made some suggestions on the approaches that could be taken to change the direction of the Supreme Court of Canada regarding its interpretations of Métis rights.
| Identifer | oai:union.ndltd.org:USASK/oai:usask.ca:etd-04212006-134336 |
| Date | 24 April 2006 |
| Creators | Bellemare, Bradley Shawn |
| Contributors | Mascher, Sharon, Luther, Glen, Henderson, James (Sákéj) Youngblood, Buglass, Russ, Bell, Catherine |
| Publisher | University of Saskatchewan |
| Source Sets | University of Saskatchewan Library |
| Language | English |
| Detected Language | English |
| Type | text |
| Format | application/pdf |
| Source | http://library.usask.ca/theses/available/etd-04212006-134336/ |
| Rights | unrestricted, I hereby certify that, if appropriate, I have obtained and attached hereto a written permission statement from the owner(s) of each third party copyrighted matter to be included in my thesis, dissertation, or project report, allowing distribution as specified below. I certify that the version I submitted is the same as that approved by my advisory committee. I hereby grant to University of Saskatchewan or its agents the non-exclusive license to archive and make accessible, under the conditions specified below, my thesis, dissertation, or project report in whole or in part in all forms of media, now or hereafter known. I retain all other ownership rights to the copyright of the thesis, dissertation or project report. I also retain the right to use in future works (such as articles or books) all or part of this thesis, dissertation, or project report. |
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