The Federal Court of Appeal has upheld a ruling from last
year that said Ottawa is constitutionally responsible for the 400,000 Métis in
Canada as a distinct aboriginal group, but overturned a similar decision about
non-status Indians.
The appeal court decision released Thursday will likely be
appealed to the Supreme Court. But, if it is ultimately upheld, it means the
government would have to negotiate with the Metis on outstanding rights claims
and other potential benefits in the same way it now must deal with the First
Nations and the Inuit.
“This is a huge win
for the Métis,” said Jason Madden, the lawyer for the counsel for Manitoba
Métis
Federation. “It answers one of the key questions which has been one of
the obstacles put in front of them, whether it is dealing with their rights,
claims, programs and services available for them. Now it is unquestionable that
the federal government has primary responsibility to deal with the Métis.”
But the appeal court also found that, if non-status Indians
are to be counted among Canada’s aboriginal people, they are to be included
with the Indians. Which means the government may still have to negotiate with
them as they do with members of the First Nations, but the court left open the
question of whether non-status Indians are entitled to the same rights and
benefits as status Indians.
"Non-status Indians" commonly refers to people who
identify themselves as Indians but who, because of mixed ancestry or any of a
number of other reasons, are not entitled to the programs, services, rights and
benefits that flow to status Indians under the Constitution, the Indian Act and
the treaties that have been negotiated with First Nations.
Aboriginal Affairs Minister Bernard Valcourt said that,
given complex legal issues raised by the previous Federal Court decision, it
was prudent for Canada to obtain a decision from a higher court. “We are
pleased that the court granted part of our appeal,” Mr. Valcourt said in an
e-mail, “and we are reviewing all elements of today’s decision to determine
next steps.”
The original ruling last year by Justice Michael Phelan of
the Federal Court said the Métis and “non-status” Indians qualify as “Indians”
under the 1867 Constitution Act.
Because there are possibly one million Métis and non-status
Indians, which is just slightly more than the number of status Indians Ottawa
recognizes, the decision had the potential of doubling the number of Indians
for which Ottawa is constitutionally responsible and could force Ottawa to make
radical policy changes, add billions in new spending, or both.
1 comment:
hey, WE ARE CANADIAN FIRST , METIS SECOND. WE SPEND SO MUCH TIME WAXING PHILOSOPHICALLY OVER OUR NATIVE IDENTITY THAT WE FORGET ALL ABOUT CANADA. i AM METIS AND DIRECTLY RELATED TO METIS “ROYALTY” . bUT I DO NOT, IN ANY WAY SHAPE OR FORM, THINK THAT I SHOULD HAVE ANY RIGHTS OVER AND ABOVE ANY OTHER CANADIAN.
I GUESS YOU CAN’T BLAME METIS FOR WANTING STATUS IF THE “FIRST NATIONS” HAVE IT. MANY OF THEM ARE WHITER THAN HOSPTIAL SHEETS…SO WHY SHOULDN’T WE HAVE IT. BUT, THEN IF WE HAVE IT (STATUS), THEN WHY SHOULDN’T EVERY CANADIAN HAVE IT.
WE’VE GOT TO LIVE IN THE REAL WORLD…THIS COURT CASE ISN’T A VICTORY… IT’S A SHAME..JUST MORE PROOF OF THE IDIOCY OF THE COURT AT TIMES. THIS DECISION, ALONG WITH ANY OTHER QUEST FOR SPECIAL RIGHTS ONLY SERVES TO FURTHER ALIENATE AND ISOLATE US FROM THE REST OF CANADA. rIEL SPOKE FOR HIS ERA. THAT WORLD DOES NOT EXIST ANYMORE.
HISTORY IS HISTORY PEOPLE …..MOVE ON AND START LIVING IN THIS CENTURY!
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