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ARTICLE · 28 APRIL 2016

A Thunderbolt Decision On Métis Rights: Daniels v Canada (Indian Affairs And Northern Development)*

McMillan LLP
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The recent Supreme Court of Canada decision in Daniels represents a powerful form of judicial activism.

CanadaGovernment, Public Sector

The recent Supreme Court of Canada decision in Daniels represents a powerful form of judicial activism. While technically pronouncing only on a single legal issue (whether the federal government can pass laws respecting Métis and non-status Indians), the Court has also firmly thrust itself into a larger political discussion about federal responsibility for such persons, and all the related program and spending questions this entails.

The Court's approach is clear from the opening paragraph:

As the curtain opens wider and wider on the history of Canada's relationship with its Indigenous peoples, inequities are increasingly revealed and remedies urgently sought. Many revelations have resulted in good faith policy and legislative responses, but the list of disadvantages remains robust. This case represents another chapter in the pursuit of reconciliation and redress in that relationship.

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