La Chaas : the Métis constitutional right to hunt in the Canadian legal consciousness
Bellemare, Bradley Shawn
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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. 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. 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.
DegreeMaster of Laws (LL.M.)
DepartmentCollege of Law
ProgramCollege of Law
CommitteeMascher, Sharon; Luther, Glen; Henderson, James (Sákéj) Youngblood; Buglass, Russ; Bell, Catherine
Copyright DateMarch 2006
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