2016/04/16

Supreme Court Extends Rights To Métis And Non-Status Indians

In a ruling handed down on April 14th regarding a court case that stretches back 17 years, the Supreme Court of Canada ruled in the Daniels case that approximately 600,000 Métis and non-status Indians are the responsibility of the federal government.

The prime minister says will have "broad consequences and impacts."

"This is a great day for over 600,000 Métis and non-status Indians," said Dwight Dorey, national chief of the Congress of Aboriginal Peoples, after the Supreme Court of Canada decision was released Thursday, ending a 17-year battle. "Now hopefully we will not have to wait any longer to sit at the table."


                                
Bruce Dumont, president of the B.C. Métis Nation, left, Audrey Poitras, president of the Alberta Métis Nation, front, and Gerald Morin, vice-president of the Saskatchewan Métis Nation, right, celebrate the Supreme Court of Canada decision. (Sean Kilpatrick/THE CANADIAN PRESS)

In the unanimous ruling, which may serve now as a starting point for those pursuing land claims and additional government services, the court held that non-status Indians and Métis are considered "Indians" under Section 91(24) of the 1867 Constitutional Act.

"This is a landmark ruling that will have broad consequences and impacts," said Prime Minister Justin Trudeau, adding that the government will need to study what those impacts might be.

"But I can guarantee you one thing: The path forward will be together as we move forward."

The ruling extends the federal government's responsibilities to approximately 200,000 Métis and 400,000 non-status aboriginal people who are not affiliated with specific reserves.

"I'm very happy that we were successful in removing a blockage," said Joseph E. Magnet, lead lawyer for the Congress of Aboriginal Peoples.

"The court recognized that this blockage has caused significant disadvantage, discrimination, and resulted in denial of programs and services that all governments recognized were necessary."

"This is a dream come true," said Gail Gallupe, president of McMurray Métis Local 1935. The group represents Métis people in Fort McMurray and northeastern Alberta.

The landmark case was launched in 1999 by prominent Métis leader Harry Daniels — then president of the Congress of Aboriginal Peoples — along with Leah Gardner, a non-status Anishinaabe woman, and Terry Joudrey, a non-status Mi'kmaq man. Daniels died in 2004.


Daniels, from Métis Council of Prince Edward Island, died in 2004. "I'm overwhelmed and ecstatic, and I wish my father were here to see this," said Gabriel Daniels outside the court.


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