Landmark ruling for Métis
- EFN Staff | April 17, 2014
Leaders of two national Aboriginal groups are applauding the Federal Court of Appeal ruling that says Métis people should have the same constitutional rights as status Indians.
The ruling stopped short of granting the same rights to non-status Indians.
Today's ruling came after the federal government appealed an earlier decision that granted 600,000 Métis and non-status Indians the same rights as status Indians.
"The federal government can no longer shrug its shoulders and assume that Métis matters will be dealt with by others, all the while knowing this is not being done," said President of the Métis National Council (MNC) Clem Chartier in a statement.
The federal government has reportedly spent $9 million fighting the case known as the Harry Daniels case. The case was launched in 1999 by the late Daniels and the Congress of Aboriginal Peoples, and challenged the federal government's denial that Métis and non-status Indians are Indians under subsection 91(24) of the Constitution Act, 1867; the Crown owes to Métis and non-status Indians a fiduciary duty as Aboriginal peoples; and Aboriginal people have a right to be negotiated with, on a collective basis, in good faith with the Crown.
In January 2013, the Federal Court of Canada ruled that Métis and non-status are Indians under the Constitution.
The appeal of the January ruling was heard in October 2013 by a three-judge panel.
"Obviously today is a very good day because begins to put to an end the jurisdictional football game that has gone on for far too long between the federal government and provinces," said Congress of Aboriginal Peoples National Chief Betty Ann Lavallée, noting it's time to begin a new period of collaboration and dialogue with the federal government.
Chartier says it isn't only Métis people who wanted clarity: he says their industry partners did, too.
"Because it wishes to collaborate with Métis authorities in filling labor market gaps and expediting major energy and resource development projects in western Canada," he explained in a statement. "It wants to work with us in many areas and has been frustrated by Ottawa's indifference to Métis concerns and priorities. It, like us, wants the federal government to set out rules of engagement in matters such as Duty to Consult to facilitate their work with us rather than leaving them in the dark."
Chartier will be writing a letter to Prime Minister Stephen Harper, requesting government-to-government talks between the Government of Canada and the Métis Nation to redefine the relationship in light of the ruling.
"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," said Lavallée, adding that the CAP will be there should the federal government decide to appeal to the Supreme Court of Canada.