APRIL 14, 2016

CANADIAN SUPREME COURT DETERMINES THAT “INDIAN” INCLUDES MÉTIS & NON-STATUS INDIANS

In Daniels v. Canada (Indian Affairs and Northern Development), 216 SC 12, the Supreme Court of Canada clarified that the federal government’s jurisdiction under the Constitution of Canada over “Indians, and Lands reserved for the Indians” includes Métis and non-status Indians.  This means that on “Indian” matters, it is to the federal government that Métis turn for policy redress.   The Court declined to grant a declaration that the Crown owes a fiduciary duty to Métis and non-status Indians.  The Court also declined to grant a declaration that Métis and non-status Indians have a right to be consulted with and negotiated with in good faith on a collective basis through representatives of their choice.  The Court determined that these issues had been addressed in the Constitution.

Source:  Bruce McIvor, “Summary of Supreme Court's Daniels Decision,” First People’s Law, 4/14/2016.  Retrieved 6/27/2019, https://www.firstpeopleslaw.com/index/articles/247.php
Photo:  NewYork(1956) at English wikipedia, 3/12/2012.  Released into Public Domain by the author for any purpose and with no limitations, https://commons.wikimedia.org/wiki/File:Supreme_Court_of_Canada_2.jpg.