Module 6 Flashcards
Section 35 (2) reads as
a. s. 35(1): the existing ___ and treaty rights of the aboriginal peoples of Canada are hereby recognized and affirmed
b. (2): Aboriginal peoples of Canada include Indian, Inuit and __ peoples of Canada
a. Aboriginal
b. Metis
Metis are considered Aboriginal for two main reasons:
- grew into a distinct culture and became a people in the __ prior to the territory becoming part of Canada
- Highly mobile and not ___ settlers
- Northwest
2. Primarily
S. 91 (24) of the Constitution Act, 1967
a. Indian in the Indian act is a __ term
b. Since 2016 Supreme Court Decision in ___ the term Indian now includes ___ Indians and the Metis
a. legal
b. Daniels, non-status
Metis individuals could choose to take __ or not
a. If a Metis individual chose to take a land grant or scrip under the __ Act under the ___ Lands Acts, he or she was not legally ___
b. If Metis individual took treaty, they would be entered on the Band last, and considered to be ___ Indians
treaty
a. Manitoba, Dominion, Indian, status
Between 2006 and 2016, the number of people self identifying as Metis on the Canadian census increased 51.2 % with the highest increase in ___ and Nova Scotia
Quebec
Powley was the first and only to date case before the Supreme Court that dealt with how to adapt this law for the ___
a. The inclusion of Metis in s.35 is based on the commitment to recognize Metis and enhance their survival as ____ communities
Metis
a. distinctive communities
The Powley Test:
a. The proper way to define Metis rights in s. 35 is to modify the ___used to define the aboriginal rights of Indians
a. test
Daniels Decision (2016) Metis, and non status \_\_ under section 91 (24) of the Constitution, affirming federal \_\_ for all Indigenous Peoples in Canada
Indian, responsibility
Harry ___: a voice for Metis Peoples
Daniels
Metis Nation Accord: sought the inclusion of an amendment to the ___, 1982 recognizing the inherent right of __ governance of the Aboriginal Peoples of Canada, and coming into force section 91 A–> clarifying all Aboriginal people of Canada are included in section 91(24)
Constitution act, self
Powley Case:
a. __ and Roddy shot and killed a ___, without a license and then charged
b. They claimed the killing was part of their ___ rights and the Crown appealed, and the Supreme Court favored the bros
a. Steve, moose, Metis