ARTICLE · 21 APRIL 2016

Daniels V. Canada: Métis And Non-Status Indians Fall Under Parliament's Legislative Authority

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On April 14, 2016, the Supreme Court of Canada (SCC) rendered its decision in Daniels v. Canada (Indian Affairs and Northern Development), 2016 SCC 12.

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Alexandre-Philippe Avard

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On April 14, 2016, the Supreme Court of Canada (SCC) rendered its decision in Daniels v. Canada (Indian Affairs and Northern Development), 2016 SCC 12.

The Plaintiffs (Appellants) in the case are the Congress of Aboriginal Peoples (a corporation representing Métis and non-status Indian peoples throughout Canada), as well as several individuals identifying as Métis or "non-status Indian" (i.e. persons with Indian heritage that are not recognized by the federal government as registered under the Indian Act, RSC 1985, c I-5). They sought declarations from the SCC that the federal government has legislative authority over Métis and "non-status Indians" pursuant to section 91(24) of the Constitution Act, 1867, that the federal Crown owes a fiduciary duty to the Métis and non-status Indians, and that it must consult these groups on a collective basis concerning all their rights and interests as Aboriginal peoples.

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