Court in Canada rules Metis and non-status Indians are 'Indians'

Tuesday, January 8, 2013  

A decision today from the Federal Court of Canada is a landmark victory for Metis people and non-status Indians.

Judge Michael Phelan determined that Metis and non-status Indians are indeed "Indians" under the Constitution Act of 1867. That means they should be entitled to the rights and benefits as status Indians, including the right to be consulted on decisions that affect their interests.

"As referred to earlier, Section 91(24) is a race-based power. There is no principled reason to make that race based constitutional jurisdiction more balkanized by emphasis on degrees of kinship nor degrees of cultural purity," Phelan wrote in the 175-page decision.

Section 91(24) of the Canadian Constitution led to the Indian Act, which historically has been used to separate status Indians from Metis and non-status Indians. More than 600,000 Native people could benefit from provisions of the law as a result of the decision.

Get the Story:
Federal Court grants rights to Metis, non-status Indians (CBC 1/8)

Relevant Documents:
Press Release | Decision: In the matter of Harry Daniels v. Her Majesty The Queen