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ARTICLE · 20 APRIL 2016

"All Aboriginal Peoples": SCC Rules Non-Status Indians And Métis Are "Indians" Under The Constitution

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Yesterday, the Supreme Court of Canada issued a unanimous decision in Daniels v Canada (Indian Affairs and Northern Development), 2016 SCC 12 declaring that non-status Indians and Métis are "Indians" under s 91(24) of the Constitution Act, 1867.

CanadaGovernment, Public Sector
David Bursey
David Bursey
Shawn Munro
Shawn Munro
Michael Theroux
Michael Theroux
Laura Gill
Laura Gill
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Yesterday, the Supreme Court of Canada issued a unanimous decision in Daniels v Canada (Indian Affairs and Northern Development), 2016 SCC 12 declaring that non-status Indians and Métis are "Indians" under s 91(24) of the Constitution Act, 1867. The case has significant implications for non-status Indians and Métis people, reinforcing their rights to access federal programs and to negotiate for hunting, harvesting and land rights. While the case establishes clear federal jurisdiction, it also affirms that provincial jurisdiction may also apply if it does not impair the core federal power.

Background

This legal battle began in 1999 when Métis leader, Harry Daniels, commenced an action alleging that non-status Indians and Métis were falling through the cracks by being denied rights as a result of both the provincial and federal governments refusing to accept jurisdiction.

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