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Showing posts from April, 2016

Daniels v. Canada - We are all "aborigines"

The Daniels decision hasn’t been out for 24 hours yet and already there is mass confusion about what it does and does not say. Despite the buzz in mainstream and social media, it does NOT make Metis and non-status Indians “Indians” under the Indian Act. The case also does NOT give Metis and non-status Indians any “rights”. This wasn’t a case about hunting or fishing. So, for all the emails, Facebook messages and inquiries I have received from people asking if I can help them become registered (status) Indians or whether they can get free education now – this case does not do that. While the case itself was an important one, the actual decision imported more problems than it resolved.
It was a case designed specifically to answer the question about whether Metis and non-status Indians are included in the definition of the term “Indian” in section 91(24) of the Constitution Act 1867 (also referred to as British North America Act). The Supreme Court of Canada’s (SCC) answer was “yes”.
Sect…