UBC Theses and Dissertations
Metis aboriginal title Bell, Catherine Edith
This thesis is a legal analysis of the origin and persistence of Metis aboriginal title as an independent legal right. The popular doctrine of aboriginal title is rejected in favour of the natural rights of the Metis and first principles of aboriginal title. A theory of Metis title is developed through the examination of: 1. the inclusion of Metis peoples in s.35(2) of the Constitutional Act. 1982; 2. jurisdiction over Metis claims; 3. natural rights of indigenous peoples and the recognition of natural rights in domestic and international positive law; 4. natural rights of the Metis Nation of Manitoba; and 5. the persistence of Metis title in the face of unilateral and consensual acts of extinguishment. The examination of natural rights reveals an increased importance of natural theories in aboriginal title cases. These theories provide the basis upon which Metis claims to title can be linked to aboriginal title claims and doctrines of extinguishment can be re-examined.
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