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Daniels v. Canada explained

Historic Sault Ste Marie Métis Council is issuing this statement to help clarify to our citizens and the broader public what this decision means
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NEWS RELEASE

MNO HISTORIC SAULT STE MARIE MÉTIS COUNCIL

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The Supreme Court of Canada decision has declared that the Métis are included in section 91(24) of the Constitution.

The Historic Sault Ste Marie Métis Council is issuing this statement to help clarify to our citizens and the broader public what this decision means.

For clarification purposes this means:

The Métis were considered “Indians” for the purpose of pre-Confederation treaties such as the Robinson Treaties of 1850.

The term “Indian” in section 91(24) includes all Aboriginal peoples recognized in section 35 of the Constitution.

The inclusion of the Métis in section 91(24) does not undermine the Métis distinctiveness as a unique Aboriginal people in any way.

The court also emphasized that there is no doubt that the Métis are a culturally distinct people.

So section 91(24) now includes all Aboriginal people in Canada.

Section 91(24) serves a very different constitutional purpose than section 35 does.

Section 91(24) deals with Parliament’s “relationships with all Aboriginal peoples.

Section 35 protects “historic community-held rights” and calls for the just settlement of rights and claims.

The court also reaffirmed that the criteria in R. v Powley still must be met in order to establish Métis rights.

Daniels does not change the requirements of the Powley decision.

Also only members with a demonstrable ancestral connection to a historic Métis community can claim section 35 right.  

There will be no immediate changes for the Métis based on the Daniels judgment.

The Métis are not “Status Indians” under the Indian Act or eligible to be registered as such.

Various federal programs and services are now available to Métis. Métis are not now eligible for tax exemptions.

The Canadian government in the future will be meeting and negotiating with authorized representatives of rights-bearing Métis communities.

The Historic Sault Ste Marie Council, as the local level of Métis government is looking forward to working with our provincial level of Métis government, the Métis Nation of Ontario and the Métis National Council to begin the process of negotiating with Canada on increasing access to federal programs and services for Métis people.

We are also looking forward to the pending report from the ministerial special representative, Tom Issac on how the federal government should move forward with addressing Métis land claims.

For more information, please check out this summary of the Daniels Case.

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