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54 Osgoode Hall L. J. 1 (2016-2017)

handle is hein.journals/ohlj54 and id is 1 raw text is: I The lands...belonged to them, once by the Indian title, twice for having defended them...and thrice for having built and Lived on them': The Law and Politics of Metis Title KAREN DRAKE* & ADAM GAUDRY** To predict what is on the horizon of the M6tis legal landscape, we can took to jurisprudence on First Nations' rights, given that M6tis rights cases are typically ten to fifteen years behind those of First Nations. With the release of the Supreme Court of Canada's decision in Tsilhqotin, the next big issue in M6tis law may be M6tis title. Scholars have doubted the ability of M6tis to establish Aboriginal title in Canada for two reasons: first, M6tis were too mobile, and second, M6tis were too immobile. This paper critically analyzes these positions and argues that the case for M6tis title in Canada is a strong one. As such, governments in Canada would do well to focus on resolving outstanding M6tis title claims. Karen Drake, Assistant Professor, Bora Laskin Faculty of Law, Lakehead University. We are grateful to Matthew Siddall for his diligent research assistance and to Jason Madden and the editors and anonymous reviewers of the Osgoode Hall Law Journal for their valuable comments. Adam Gaudry, Assistant Professor, Faculty of Native Studies and Department of Political Science, University of Alberta. 1. Louis Riel, Last Memoir in A-H de Tr6maudan, ed, Hold High Your Heads: History ofthe Metis Nation in Western Canada, translated by Elizabeth Maguet (Winnipeg: Pemmican Publications, 1982) at 207-208; Daniels v Canada (Indian Affairs and Northern Development), 2016 SCC 12 at paras 4, 23, 395 DLR (4th) 381 [Daniels]. It is important to note that historically, the term Indian was used differently than it is today. It was a general term that encompassed all Indigenous peoples, including M6tis.

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