This past week, the Supreme Court of Canada released their unanimous judgment in Daniels v. Canada, a case that Reasonable Doubt brought to your attention earlier this year. The decision is the culmination of a long seven-year journey through the court system and represents a step in the right direction towards the recognition of rights for Canada’s indigenous peoples.
The Supreme Court unanimously ruled that Métis and non-status Indians are considered “Indians” under s. 91(24) of the Constitution. This ruling means that non-status Indians and Métis fall under federal jurisdiction and extends the federal government’s responsibilities to ensure these communities have access to programs, services and rights that they have previously been denied.
Since Confederation, non-status Indians and Métis have fallen into what the court called a “jurisdictional wasteland.” Both the federal and provincial governments have denied legislative authority and responsibility over these communities, which has caused years of confusion and marginalization.
Despite this jurisdictional denial, the federal government has legislated over non-status Indians and Métis. The court noted that the federal government did so with the understanding that it was within its constitutional power. Métis people, for example, have long been affected by federal legislation related to “Indians,” including being sent to residential schools.
This judgment marks another positive result in the recognition of the rights of Canada’s aboriginal people. Both the Report of the Royal Commission on Aboriginal Peoples and Honouring the Truth, Reconciling the Future: Summary of the Final Report of the Truth and Reconciliation Commission of Canada have called for the federal government to rebuild its relationship with the indigenous peoples of our country. Many hope that Daniels v. Canada will spur a move towards further inclusion of non-status Indians and Métis in this process.
However, it is important to note that this judgment is only the beginning of what will surely prove to be a long and hard-found period of negotiation. Now that these communities are considered “Indians” under s. 91(24) of the Constitution, the process of engaging with the federal government must take place. This may lead to the provision of land rights, treaty negotiations, hunting rights and federal programs and services. Only time will tell. The hope is that a robust and healthy dialogue may now begin between the federal government and these communities that have been pushed aside for far too long.
Reasonable Doubt appears on Mondays.
A word of caution: You should not act or rely on the information provided in this column. It is not legal advice. To ensure your interests are protected, retain or formally seek advice from a lawyer.
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