06) SUPREME COURT TO HEAR APPEAL IN DANIELS CASE

 

            The Métis National Council has welcomed the Supreme Court of Canada's decision to hear the legal case as to whether the Métis fall within the Constitution Act 1867 section defining "Indians and the lands reserved for the Indians". At issue is which level of government has the constitutional jurisdiction to engage in a government-to-government relationship with the Métis Nation.

 

            The MNC says, "As it did in 1939 for the Inuit, it is our firm belief that the Supreme Court of Canada will agree that the Métis, as one of the three Aboriginal peoples in Canada, recognized as such in s.35 of the Constitution Act 1982, are likewise included in the term `Indians' in s.91(24), confirming that it is Parliament and the federal government which has jurisdiction and responsibility vis‑a‑vis the Métis.

 

            "We look forward to intervening in the appeal and cross‑appeal to ensure that the interests of the Métis Nation are properly before the Supreme Court of Canada which in previous cases has shown a deep understanding of the distinctive characteristics and rights of the Métis. We are hopeful and confident that this longstanding issue that has relegated the Métis Nation to a state of jurisdictional limbo will finally be laid to rest and that Ottawa and the Métis Nation can move ahead toward building a stronger Canadian federation."

 

            The Harper government has resisted accepting constitutional responsibilities for hundreds of thousands of off‑reserve Aboriginal Peoples, including the Métis.

 

            In the case named for the late Métis leader Harry Daniels, the Métis are essentially seeking a level playing field with Canada's two other legally recognized Aboriginal peoples, the First Nations and the Inuit.

 

            Earlier this year, the Federal Court of Appeal ruled that non-status Indians weren't considered "Indians" under the Constitution, so they also have a big stake in the Supreme Court hearing.

 

            The Congress of Aboriginal Peoples, along with several Métis and non‑status Indians, took the federal government to court in 1999, alleging discrimination because they were not considered "Indians" under the Constitution Act. Both the Métis and non‑status Indians scored a victory last year when the Federal Court recognized them as "Indians" under the Constitution. But the federal government appealed that ruling. Earlier this year, the appeals court ruled that while Métis should remain Indians under the Constitution, extending that recognition to non‑status Indians should be done on a case‑by‑case basis since it is a separate issue.

 

            The Congress of Aboriginal Peoples - which represents both non‑status Indians and Métis - in turn appealed that ruling.

 

            "The decision of the Court of Appeal was flawed in our view, as it drew an unhelpful distinction between the federal government's responsibility for non‑status Indians and its responsibilities toward Métis peoples and status Indians," CAP National Chief Betty Ann Lavallee said in a statement.

 

(The above article is from the December 1-31, 2014, issue of People's Voice, Canada's leading socialist newspaper. Articles can be reprinted free if the source is credited. Subscription rates in Canada: $30/year, or $15 low income rate; for U.S. readers - $45 US per year; other overseas readers - $45 US or $50 CDN per year. Send to People's Voice, c/o PV Business Manager, 706 Clark Drive, Vancouver, BC, V5L 3J1.)