Friday, 15 April 2016

All Indigenous People Become "Indians"

The Supreme Court ruled yesterday, April 14, 2016 that Metis and non-status Indians are "Indians" under S. 91(24) of the Constitution Act, 1867.  This upheld the decision of the Court of Appeal who ruled on the same declaration last year and follows some 80 years of jurisprudence affirming the Crown holds a fiduciary duty toward all Aboriginal and Indigenous peoples.

I do not know the repercussions of such a decision presumably Metis and non-status Indians could adopt aspects of the Indian Act such as creation of Metis reserves, eligibility for the Non-Insured Health Benefits program. increased access to services offered by INAC. To make a long story short INAC may have seen their clientele double and with it Trudeau may have received a 10 billion dollar annual bill to add to his deficits! So the Daniels judgment does not simply effect Indians but all Canadians.

Many Metis consider the Metis to be a nation this opens the possibility of self-determination with it land claims and the possibility of provincehood at a minimum political institutions.  Some Metis in Alberta have what are perhaps a template for self-government. The Metis Settlements General Council started as Metis farming colonies in the 1930's the eight Metis Settlements hold land in fee simple as an estate from the Crown encompassing a total land area in Northern Alberta equivalent to Prince Edward Island.  Their success has been mixed but holds perhaps a better template than the reserve system which has utter failed to provide Indians with the resources, education and communities they need to thrive in the twenty-first century.   On the other hand changes may be slight Indian bands may simply be forced to accept the membership of non-status Indians who apply.  The Government may simply drag out negotiations for so long that the repercussions are barely perceptible. Thankfully this ruling does achieve certainty. All Indigenous groups and people hold equal weight. Natural resource proponents will no longer be able to ignore a particular group because they don't have status. This is an achievement because it simplifies perhaps even streamlines the process for natural resource extraction and consultation, hopefully resulting in a decrease of litigation and an increase in meaningful consultation and discussion.  


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