OTTAWA—Over 15 years later, on April 17 of last week the Federal Court of Appeal ruled through a three-judge panel on the case of Daniels v. the Queen that Canada’s 600,000 Métis and non-Status Indians are considered Indians under subsection 91(24) of the Constitution Act, 1867.
The case began in 1999 when former Congress of Aboriginal Peoples’ leader Harry Daniels, who died in 2004, took the federal government to court, the matter making it to trial in May 2011. The decision that Métis and Status Indians do fall under federal legislation could mean the over half-million people could now access federal programs and services.
National Chief of the Congress of Aboriginal Peoples, Betty Ann Lavallée, stated in a press release last week, “Today, I am very pleased that the Federal Court of Appeal agreed that Métis are Indians under the section 91(24) of the Constitution. As well, we are equally as pleased the federal government conceded at the appeal hearing that non-Status Indians fall under federal jurisdiction,” according to a press release from Ms. Lavallée’s office.
This ruling reiterates what the Congress of Aboriginal Peoples has been saying for the past 43 years; that the federal government must recognize its responsibilities under Canada’s Constitution, the press release continues.
“Obviously today is a very good day because it begins to put to an end the jurisdictional football game that has gone on for far too long between the federal government and provinces,” added Chief Lavallée.
National Chief Lavallée noted that it is time to begin a new period of collaboration and dialogue with the federal government, given the ruling by the Appeal Court of Canada.
Chief Lavallée concluded by saying, “I really hope this time is different and that Prime Minister Harper will direct his justice officials to sit down and negotiate with us rather than waste any more taxpayer dollars. So far, we estimate that over 9 million dollars has been spent to fight this case.”
The federal government has estimated it would cost taxpayers $4 billion a year if Ottawa had to assume responsibility, according to one news report.
“If the government decides to appeal to the Supreme Court of Canada, we will be there. We have fought this case for over 15 years now and we are committed and confident in our belief that fighting for the forgotten peoples of Canada is a just cause in order to address the wrongs of the past.”
