Nov 21, 2014 0
On Thursday, the Supreme Court of Canada granted leave to appeal in the case Harry Daniels v Canada (Minister of Indian Affairs and Northern Development). The court will be asked to consider whether Métis and non-status Indians are “Indians” for the purposes of the Constitution, and whether they are owed a fiduciary duty and have the right to be consulted by the Canadian government.
The case was initiated by the Congress of Aboriginal peoples, Métis leader Harry Daniels and several others in 1999. The Federal Court ruled in their favour, and on appeal the court partially upheld that ruling, finding that Métis are Indians for the purposes of the Constitution, but non-status Indians would be subject to a case-by-case determination.
In a comment on the importance of this case, Congress of Aboriginal Peoples National Chief Betty Ann Lavallee stated that “[s]elf-determination is fundamental to the exercise of the aboriginal rights recognized in section 35 of Canada’s Constitution. CAP wholeheartedly supports that right and is working toward its recognition on behalf of all Aboriginal Peoples in Canada.”