Do the Metis fall within section 91(24) of the Constitution Act, 1867? / by Bradford W. Morse and John Giokas.: Z1-1991/1-41-170E-PDF

"This paper examines the question of whether Metis are included in section 91(24) of the Constitution Act, 1867, drawing on existing literature and jurisprudence, as well as historical and political aspects of the relationship between the Metis and Canadian governments. It addresses definitions of Metis; federal policy, legislation, academic commentary and judicial decisions related to the pre-1982 constitutional status of the Metis; more recent federal and provincial constitutional policy, the Constitution Act, 1982 and subsequent first ministers' conferences; and the potential consequences of the inclusion of Metis within the label `Indians' for the purpose of section 91(24) of the Constitution Act, 1867. The paper argues that it is logical and sensible to consider persons of mixed ancestry of all kinds to be within section 91(24) jurisdiction and that the Metis are included within the fiduciary relationship owed by the Crown to Aboriginal peoples"--Executive summary, p. [2].

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