The appeal from the judgment of the Federal Court of Appeal, Number A-49-13, 2014 FCA 101, dated April 17, 2014, heard on October 8, 2015, is allowed in part and the cross-appeal is dismissed, with costs to the appellants. Non-status Indians and Métis are “Indians” under s. 91(24) of the Constitution Act, 1867. The Federal Court of Appeal’s conclusion that the first declaration should exclude non-status Indians or apply only to those Métis who meet the criteria set out in R. v. Powley, [2003] 2 S.C.R. 207, is set aside and the trial judge’s decision is restored.
Source: Supreme Court of Canada
Statement – Minister Bennett Welcomes the Supreme Court of Canada Decision on CAP/Daniels Case
OTTAWA, April 14, 2016 – Today, the Honourable Carolyn Bennett, Minister of Indigenous and Northern Affairs, issued the following statement on the Supreme Court of Canada’s CAP/Daniels decision:
“I thank the Supreme Court of Canada for this historic ruling on such an important matter, bringing much needed clarity to an issue that has lingered for too long.
The Government of Canada welcomes and respects this decision, which will guide our work with Indigenous peoples to advance real reconciliation and renew the relationship, based on recognition of rights, respect, and partnership. Today’s decision speaks to a renewed relationship with Métis and non-Status Indians, one the Government of Canada has already been actively pursuing.
There is much work to be done. We are committed to working in partnership with Métis and non-Status Indians on a nation-to-nation basis, along with other partners, to ensure we are following the court’s direction in implementing this decision.
Making progress will require real co-operation and genuine partnership in order to advance this important dialogue and map the way forward together. This is both the right thing to do and a key path to economic growth for all Canadians.”
The Supreme Court of Canada CAP/Daniels Decision
SOURCE Indigenous and Northern Affairs