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Métis leaders react to Federal Court ruling

Tuesday, January 08, 2013   by: SooToday.com Staff

NEWS RELEASE

METIS NATIONAL COUNCIL

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Federal Court decides that the federal government has jurisdiction for Métis

OTTAWA (January 8, 2013) - This morning the Federal Court Trial Division released its long-awaited reasons for judgment in Daniels v. Canada.

Judge Phelan has issued a declaration that the federal government has jurisdiction for Métis under s. 91(24) of the Constitution Act, 1867.  T

hat head of power states that the federal government has exclusive legislative authority with respect to "Indians, and Lands reserved for the Indians." 

This case effectively finds that Métis are "Indians" within the meaning of s. 91(24).

The case has been 12 years in the making. 

Canada has resisted the claim vigorously, first by denying access to its records and then on the grounds that insufficient facts, the difficulty of the case and the definitional difficulties should preclude a remedy being granted by the court. 

The court rejected Canada's assertions on all of these grounds and emphasized that difficulty cannot be used to deny a remedy. 

The judge also held that the Métis have a right to know which government has jurisdiction over them.

The issue of jurisdiction for Métis is an important one. 

For decades Canada has only assumed jurisdiction for Métis north of the 60th parallel. 

This exclusion has increasingly created a divide between Indians and Métis as economic restrictions have come into place. 

As the court noted Canada's own documents admit that Métis are more exposed to discrimination and other social disabilities and that "in the absence of Federal initiative in this field they are the most disadvantaged of all Canadian citizens.

Métis National Council President, Clément Chartier, stated that: "This decision is a step forward for the Métis. We have long understood that the jurisdiction question must be settled by the courts and it has been our understanding that jurisdiction rests with Canada. We now look forward to discussions with the federal government about how we can better work together to implement this decision."

Vice-President and Manitoba Métis Federation president called the decision "a historic milestone and this opens the door for us now to work with the federal government to redirect our Métis tax dollars to meet the economic needs of our people. "

He further stated "this decision will be front and centre at our upcoming meeting with the Prime Minister and Minister of Aboriginal Affairs and Northern Development".

The case also determined that non-status Indians are "Indians" within the meaning of s. 91(24).

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Comments
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Note: Comments that appear on the site are not the opinion of SooToday.com. Keep discussions civil and on topic. Refrain from obscenity and don't post anything that your grandmother would be ashamed to read. Those who do not abide by these guidelines will have their membership revoked without notice. If you see an abusive post, please click the link beside the post to report it.
theprotector 1/8/2013 7:35:40 PM Report

you are a loser not a canadian
fullstringer 1/8/2013 7:57:24 PM Report

To TruseCanadian, Not sure why you're diappointed with the govt? It was the courts who decided this, not the gov't?
mr stevo 1/8/2013 10:43:51 PM Report

Hey fake a... canadian live with it there dude we are here too stay you keep racisum live and well here in da sault..
moem 1/8/2013 11:12:24 PM Report

Wow truecanadian how original!! Cut and paste from the last article lol

A case of the green-eyed monster hahahaha
sweatpea 1/9/2013 12:18:20 AM Report

At first they were Indians.... then they were Natives ....then, First Nations peoples. Looks like they're going to be Indians again eh!! LOL Gone full circle. LOL
mac2 1/9/2013 12:47:42 AM Report

you tell em sweetpea!
my hero!
lol
outcrop 1/9/2013 8:19:51 AM Report

What exactly are the qualifications to be a metis?
Christina216 1/9/2013 8:52:43 AM Report

mac...its sweat pea not sweet...nothing sweet about this person.
ryeandcoke 1/9/2013 9:44:34 AM Report

Ok so not being racist but this is a joke. If you don't practice the native ways and don't live on the reserve and only have 10% Native in you, you still get no taxes. Smart ruling Judge. If anything this will hurt the true Native because the government can't support another 600,000 Natives. Then there are going to be more finding ways to prove they're native. EX. My great grandfather was half native do I have to pay tax?
OMGWTF 1/9/2013 9:45:36 AM Report

I don't know why they want rights that status natives say aren't good enough.
Norm 1/9/2013 11:06:10 AM Report

Outcrop, google qualifications for Metis status. I'm Metis, it's not an easy process to prove Metis status. Also recently, the Metis Nation has made it even more difficult to gain card carrying status. That's a good thing. I doubt Metis will see tax exemption in my lifetime. I think though, the government should look long and hard at the judges ruling. Hundereds of thousands of votes could make or break any government at election time.
Christina216 1/9/2013 1:40:14 PM Report

yes you still have to pay taxes just like a native person...if a native lives off reserve they pay the same taxes as you..now if they live on reserve and work on reserve then they dont pay taxes. if they live on reserve and work off reserve they still pay taxes..
ryeandcoke 1/9/2013 2:05:11 PM Report

Actually on purchase that are delivered to the reserve they don't pay taxes and they don't have to live on the reserve. FYI
Christina216 1/9/2013 2:10:14 PM Report

what?? sure if they have a delivery going to the reserve they dont pay taxes but thats why they charge so much in delivery..what do you mean they dont have to live on the reserve?
ryeandcoke 1/9/2013 3:10:51 PM Report

They DON'T have to live on a reserve to hold a status card. If you hold a status card you are exempt from all taxes if the purchase is delivered to a reserve(doesn't matter which one). This has nothing to do with the persons address. You are also except from 8% of taxes on all purchases anywhere else. I can tell don't have any knowledge on this subject, I just wonder why you try and put your 2 cents in with 0 knowledge of the subject. Thanks for nothing christine
ryeandcoke 1/9/2013 3:14:36 PM Report

And also a $35 delivery charge on a $5000 purchase is peanuts. Boats, Cars, Snow machines, no delivery charge no tax. Thousands in savings.
Christina216 1/9/2013 3:18:07 PM Report

i have no knowledge on this but yet im a status card holder..lmao you sound so stupid..go have another glass of that poison your screen name indicates
ryeandcoke 1/9/2013 3:21:23 PM Report

LOL by your first comment you need to go see one of your elders and they can educate you on what you can use that card for. Don't start getting mad at me cause your wrong
Christina216 1/9/2013 3:28:37 PM Report

how am i wrong...my first comment was correcting someone on someone elses screen name..second comment was about natives that live off reserve have to pay land taxes just like everyone else. and if they live and work ON reserve they dont pay the same taxes...so again..where am i wrong??
ashley-dawn 1/9/2013 3:57:49 PM Report

http://www.metisnation.ca/ will tell you all you need to know about Metis.
ryeandcoke 1/9/2013 4:10:03 PM Report

Well you didn't say anything about land taxes first off
ryeandcoke 1/9/2013 4:11:14 PM Report

Metis nation is another way of saying I want the same benefits as an Native but I'm not Native. LOL what a joke
hitch 1/9/2013 4:15:22 PM Report

Natives are just as racist to the 'white man'--cant cry racist when you guys are the same--it goes both ways-- unjust is the word--not racist! And GET OVER IT lol!!!
hitch 1/9/2013 4:20:20 PM Report

We are not racist(white man)--it's you guy's that are to us---we sit back and watch everything handed to you--and its never enough--we help you in all professions of helping--but you still do not respect the 'white man!'
66cherokee 1/9/2013 4:25:16 PM Report

My late father always believe you had to work for what you got. No freebies. My late mother was the same. They are included in this ruling. They instilled in us that working for a living was what one must do. Contribute to your community. Live a good life. They would not want anything to do with this ruling. An honest days work for an honest days pay.

I'm sure that the Federal Government will appeal this ruling to the Supreme Court of Canada. And let me tell you, the Indians, and they are know as Indians under the Indian Act, don't want the Metis and others included with them. That would mean less money to go round.

It was the media that started calling them First Nations.

hitch 1/9/2013 4:25:50 PM Report

The 'RETRO' cheques/payouts will be coming--thats why they want it--all we can do is keep paying more tax to make up for what will be handed out once again!--then get cursed at by an even bigger pool of hatred towards the 'white man'... I'm done and sick to death of these people who don't want to help themselves or earn their way in life.
Christina216 1/9/2013 4:50:36 PM Report

and you never said anything about purchases in your first statement..
get over it?? they are trying..it wasnt your parents or aunts..uncles..grandparents that were thrown in residential schools..ripped away from their families..rape, abuse or even killed. it wasnt your families that were beat and told that they have to live the "whiteman" way or stay on your reserves.. but it was your families that introduced them to alcohol and drugs...it was your families that classified them as the dirty indians..it was your families that instilled this hate for natives in your mind.
blame YOUR government for the way they live..blame your government for the treaties that THEY wrote and tricked the natives into signing..if not pack up and take all your shit back to the country your family originated from..or is your race so mixed you dont even know where your ancestors came from.
to all my "white friends" sorry that the people on this site make me not "like" the "whiteman"
Christina216 1/9/2013 4:51:48 PM Report

and wtf is handed to "us"?
hitch 1/9/2013 5:05:26 PM Report

Just say no!!!-- to drugs and alcohol.
ryeandcoke 1/9/2013 5:09:25 PM Report

Lol @christine. My family is NATIVE btw. The Blacks were also slaves, beaten, raped etc. They don't complain. And this has nothing to do with the article. This has to do with the benefits that a status members get.
Christina216 1/9/2013 5:16:04 PM Report

african-american or blacks as you choose to call them come from africa..they chose to come here...we were here..and yes you do hear them crying and complaining...just not here in Canada..go into the states and you will see...
why are you laughing?? your native??? yeah right.
ryeandcoke 1/9/2013 5:18:30 PM Report

If you knew how to read you would have noticed that I stated that my family is Native, Not Me. OMG you need to go back to school
hitch 1/9/2013 5:48:33 PM Report

Christina? Why are you mad?? I'm sure you are set up fine..History is History!! Can't hold it against us for ever--all I hear is "more more more" when natives have been given "enough enough enough" --time they start contributing and appreciating the opportunities they have that a lot of us 'white man' wish we had!!! Jealous!! You are Fu#*'in Right!!! Quit cursing us--we are the minority at times! It would be nice to get the help and handouts once and awhile! All Canadians should be treated equal--plain and simple!! We 'white man' are the new minority when it comes to aid and help!
Christina216 1/9/2013 6:09:05 PM Report

the only reason im "set up" is because i work...i live in town..i pay my taxes...i own my home. which means i pay city land tax and i bought everything in it..without using my tax card..its actually been expired for about 10 years..i refuse to use it after the rude deep sigh i got from one of your fellow "white man". i dont get or take anything from my band..i havent even collected the treaty money the natives get once a year. i dont qualify for baby bonus..i make to much..i pay my way for everything...dont tell me i get handouts or shit for free..
hitch 1/9/2013 6:29:29 PM Report

Well--cant say much here Christina--I gotta say that I definately respect you!
Also respect your arguments.
Wanna go on a date? Lol...take care--its definately a touchy subject for all of us on both sides! I just don't like being cursed at when I do my job to help!...as it wasn't me that did this hundreds of years ago---just a little respect back would be nice once and awhile!
onlyblue 1/9/2013 7:11:37 PM Report

What a crock of shit ! If my ass didn't hurt before it does now ....
mac2 1/9/2013 8:52:07 PM Report

so let me get this straight, from what i have read so far, an agreement was made that the natives get 1% of the natural resources of this country, which means, there is 99% left, and somehow, people are upset at the natives?

why not put your efforts into where the other 99 % is going, i think you are barking up the wrong tree.
mac2 1/9/2013 8:53:21 PM Report

barking up a few wrong trees i guess, commenting on a sootoday forum is another one of those trees, lol
stiJJy 1/9/2013 10:50:44 PM Report

I'm pretty sure Sootoday is just trolling everyone by posting articles on these subjects all of the time.

Lol
?????? 1/9/2013 10:55:59 PM Report

This is a very interesting video that shows how our tax dollars are being misused and taken advantage of by the chiefs

http://www.youtube.com/watch?v=1JWTotEc_XA
mac2 1/9/2013 11:36:01 PM Report

@??????

lets go over your statement first, This is a very interesting video that shows how our tax dollars are being misused and taken advantage of by the chiefs.

first, i dont see anywhere in the video saying your tax dollars are being used,and if somehow i missed it, it is a lie, secondly, this is a biased news clip, one person's opinion on the matter, this is in fact, not actual proof.

might want to look into it more then just throwing up a link to a biased news vid and thinking you or this guy for that matter is right about something.
?????? 1/10/2013 2:06:59 PM Report

@Mac2

Please enlighten me about where this money is coming from if not from our tax dollars.
Comments
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Note: Comments that appear on the site are not the opinion of SooToday.com. Keep discussions civil and on topic. Refrain from obscenity and don't post anything that your grandmother would be ashamed to read. Those who do not abide by these guidelines will have their membership revoked without notice. If you see an abusive post, please click the link beside the post to report it.
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