The Community Conundrum: Metis Critical Perspectives on the Application of R V Powley in British Columbia
The Community Conundrum: Metis Critical Perspectives on the Application of R v Powley in British Columbia by Karen L. Sloan B.A., University of British Columbia, 1989 M.A., University of British Columbia, 1991 LL.B., University of Calgary, 1998 A Dissertation Submitted in Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy in the Faculty of Law Karen L. Sloan, 2016 University of Victoria All rights reserved. This dissertation may not be reproduced in whole or in part, by photocopy or other means, without the permission of the author. ii Supervisory Committee The Community Conundrum: Metis Critical Perspectives on the Application of R v Powley in British Columbia by Karen L. Sloan B.A., University of British Columbia, 1989 M.A., University of British Columbia, 1991 LL.B., University of Calgary, 1998 Supervisory Committee John Borrows, Faculty of Law Supervisor Hamar Foster, Faculty of Law Committee Member Jean Barman University of British Columbia Department of Educational Studies Additional Member iii Abstract Supervisory Committee John Borrows, Faculty of Law Supervisor Hamar Foster, Faculty of Law Committee Member Jean Barman University of British Columbia Department of Educational Studies Additional Member In this dissertation I argue for the need to develop a Metis Critical Legal Theory, or “MetCrit”, a theory that is particular to the cultures, issues and concerns of Metis people. Suggestions towards the development of MetCrit are proposed in light of the difficulties of Metis rights claimants in British Columbia following creation of the “historic community connection” test in R v Powley, the leading case on the constitutional protection of Metis rights in Canada.
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