In 1986 Flanagan became the historical consultant and primary expert witness for the Federal Department of Justice in the Manitoba Métis Federation v Canada case (Flanagan, Metis Lands vii). He criticized the recognition of the Indian title of the Métis (1885 Reconsidered) and of the "Métis as an Aboriginal people in the Constitution Act, 1982 (Case Against; Metis Rights) and traced the original evolution of what can be called the 'doctrine of the derivative aboriginal rights' (History)8. Among other things, the Calgary School political scientist has asserted that, during the Resistance in 1869-70, not only did the Métis "never describe themselves as an aboriginal people with special land rights" (Blais 160) nor demand "special treatment as an Aboriginal people" (History 73) but that there "was never a demand for special treatment of the Métis as a group" (Case against 316; Metis Rights 231), nor for a land grant or anything like it" (Reconsidered 2nd ed. 65) (O'Toole 2010:140)." Substantial grants of land provided to the Metis by the Manitoba Act were rapidly transferred from Metis to immigrants from Ontario who had arrived in large numbers. New research in the 1970s and 1980s shifted the blame to the government's lack of administration of the land grants. Flanagan and Ens (1996) argued that the government acted appropriately and that the Metis had gained financially. The
Manitoba Métis Federation has been in and out of provincial and federal courts for decades in a high-stakes land-claims negotiation. The case involves Prime Minister
John A. Macdonald and
Louis Riel and an unfulfilled promise of land for the Métis people. Manitoba Métis Federation v Canada & Manitoba court case was argued before the
Supreme Court of Canada in 2012. In 2012 Tom Berger, the indigenous rights lawyer represented the Manitoba Métis Federation in the Supreme Court (SCC Case Information: #33880 Manitoba Métis Federation Inc., et al. v. Attorney General of Canada, et al.) claiming that the federal government never "lived up to the 1870 deal that settled the
Red River Rebellion, fought by Métis struggling to hold on to their land in the face of growing white settlement." "A Métis win would probably lead to high-stakes land-claim negotiations – and fulfil a prophecy made by Métis leader Louis Riel more than a century ago." In 1976 Flanagan published
The Diaries of Louis Riel. He was one of three
Louis Riel biographers, along with Gilles Martel and Glen Campbell who collected and published Riel's poetry under the title
Poésies de Jeunesse in 1977. Flanagan became the coordinator for a multi-year Louis Riel Project. In 1979 he published
Louis "David" Riel: Prophet of the New World. In 1983 he published
Riel and the Rebellion. In 1985 he co-edited
The Collected Writings of Louis Riel/Les Ecrits complet de Louis Riel Flanagan's research on
Louis Riel situated him at the apex of debates on Métis rights and land claims. The 1970s saw a new age of land claims negotiations that would change the relationships between First Nations, Inuit and Métis of Canada. In 1973 Canadian law acknowledged that aboriginal title to land existed prior to the colonization of the continent
Calder case (1973) It is not surprising then that there was a "virtual "explosion in Métis scholarship" that emerged in the 1970s, to determine the causes for the large scale migration of Métis in Manitoba. "With native political organizations and the governments of Canada and Manitoba embroiled in an on-going court battle, various scholars have received generous financial support to investigate Métis land claims in Manitoba." Flanagan, acting as "historical consultant for the Federal Department of Justice" argued that the "federal government fulfilled the land provisions of the
Manitoba Act." Donald Sprague, a "historian retained by the Manitoba Métis Federation to undertake research into Métis land claims, argues that through a process of formal and informal discouragement, the Métis were victims of a deliberate conspiracy in which John A. Macdonald and the Canadian government successfully kept them from obtaining title to the land they were to receive under terms of the Manitoba Act of 1870." as well as the later
Manitoba Metis Federation case, upheld the efficacy of the nineteenth-century distribution of land and scrip in extinguishing Métis land rights in Manitoba., but the decision was overturned on appeal to the Supreme Court of Canada.
Benoit established that
Treaty Eight did not grant immunity from taxation to Indians living off reserve. In
Victor Buffalo, the Samson Cree band, located near Hobbema, Alberta, unsuccessfully challenged the federal government's implementation of
Treaty Six. Flanagan was also a witness for the
University of Alberta in the Dickason case in which the Supreme Court of Canada ultimately upheld the validity of mandatory retirement for university professors. ==Views==