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9 Cards in this Set

  • Front
  • Back

Explain the historical origins of the term “Metis”

1.

Metis (mixed)


paternal ancestors from Hudson Bay Company or North-West company employees


2.

maternal ancestors from various Indigenous communities


3.

intermarriages resulted from Fur Trade

Discuss the ways in which Metis culture is separate and distinct from its Indian roots and origins

1.

shared history


2.

common culture (song, dance,dress, symbols)


3.

language (Michif - trade language of cree verbs/structure and french nouns, vocab)


4.

extensive kinship west of Ontario


5.

distinct way of life (buffalo hunt)


6.

traditional territory


7.

collective consciousness



Understand the 18th and 19th century origins of Metis Nation, esp Manitoba

1.

Participation in 1763 Pontiac Uprising


result of british discontinuing of gift giving (guns, ammunition) and encroaching settlement


2.

Present at Royal Proclamation


received a portion of the annually distributed gifts


3.

Red River (1812-1816)


self-identification, Metis flag


4.

settlement ( esp farming) was inhibiting fur trade and buffalo hunt, colony was disbanded twice, 2nd time after battle


5.

Robinson Treaties (1850)


Metis were excluded from entry as separate group or separate clause, resulting in dispersal of Great Lakes Metis further west (Manitoba/Prairies)


6.

Manitoba Act (1870)


623 000 hectares set aside for children of Metis families


7.

Dominion Land Act (1885)


script

Explain the details of script and script as a source of contemporary rights claims


Scrip: certificate giving holder the right to receive payment later in the form of cash, goods or land

1.

given to individuals (not community) when Metis were not involved in treaty negotiations


as land, then money, or used to extinguish treaty rights


2.

over half of the claims were denied by governemnt


3.

heads of families were excluded if they had recieved any part of original land. they were given money to buy Crown Land leaving many worse off for taking scrip


4.

allotments given to children were subject to local tax. If unpaid the property was sold. Also could be expropriated w/out compensation


5.

scrip was sold to land speculators

Explain why some Metis chose Indian, some Indians chose Metis in relation to Indian Act and Constitution Act (1867) and how this illustrates complexity and nature of identity.

1.

Non-status use Metis to refer to mixed ancestry rather than a cultural association


2.

some Metis moved into new Indian reserves and were enrolled on band list, then some were removed and lost status


3.

some Metis chose to take treaty and were entered on band lists


4.

Prior to 1927 Metis were included in Indian Act


1927 excluded Metis who participated in Manitoba land Distribution


5.

Bill C-31: many Metis sought registration as Indian


6.

Historical Metis and Pan-Metis (historic, mixed ancestry, non-status Indian)


7.

Metis not included in Sec 91(24) of Constitution Act


provincial not federal responsibility even though Federal government provides funding.


Discuss the importance of the Powely Case and its bearing on the Metis as a rights-bearing community w/historic and modern claims for land and resources

1.

Powely Case


establishes Metis hunting rights are protected under Sec 35 of Constitution


2.

doesn’t define who Metis are but sets factors (self-id, ancestral connection, community acceptance)


3.

limited to hunting rights (not land claim)


4.

defines community as


a group of Metis w/ distinctive collective identity


5.

living together in the same geographic area


6.

sharing a common way of life


7.

Powely Test requires proof of a stable, continuous community with fixed hunting grounds in close proximity, which is contrary to the reality of Metis communities (mobile hunter/gatherer/trader) in order to secure harvesting rights


8.

establishes legal recognition of Metis as rights-bearing collective, but has minimized the Metis’ ability to secure those rights


**Metis settlement considered a nation/people → geographic limits are not required


Understand the difference between Indian and Metis rights claims and how the courts have approached each Aboriginal group differently

1.

Most Supreme Court decisions are considered applicable to all/most aboriginal peoples (ie rights reside in the larger group), this is not true for Metis who must prove existence of individual Metis rights-bearing community before Powely is applied.


2.

Indian


Van der Peet


practice, custom, tradition had to be practiced prior to contact to be protected under Sec 35


3.

Metis


test is post-contact but pre-European control of the custom/law


4.

Powley Test


Characterization of the right (use)


5.

Verification of membership in Contemporary Metis community


6.

I.D of historic rights bearing community


7.

I.D. of contemporary rights bearing community


8.

I.D. of relevant time (integral practice)


9.

Continuity between historic practices and contemporary right


10.

Extinguishement

What is the Metis National Councill Definition of Metis?

1.

self-identifies as Metis


2.

distinct from other Aboriginal peoples


3.

historic Metis Nation ancestry

4.accepted by Metis Nation

What do the colours of the sash represent?

Red: Blood shed while fighting for rights


Blue: Depth of spirit


Green: Fertility of the nation


White: Connection to Earth and Creator


Yellow: Prospect of prosperity


Black: Dark period of suppression/dispossession of Metis