The obligation to set aside and secure lands for the "Half-Breed" population pursuant to section 31 of the Manitoba Act, 1870

Abstract

The object of this inquiry is to consider the nature and the scope of the governmental obligations to set apart land for the "Half-Breed" people in Manitoba pursuant to s.31 of the Manitoba Act, 1870.

The ambit of the obligation is described by examining, not only the text of s.31, but also the contextual background and the constitutional status of the provision.

The purported implementation of the land distribution scheme is considered for purposes of elaborating the scope of the obligation, by relating the social circumstances of implementation, and the social effects of particular constructions, to the earlier observations made respecting the construction of the text.