by Kevin Patriquin, B.A., LL.B, MMNN Contributor

There is a great deal of misinformation being printed and broadcast concerning the recent Supreme Court of Canada Daniels decision, especially by some of the Nova Scotia Metis claimants who mistakenly believe this decision bestows upon them some official recognition. This case was not about land, harvesting, hunting, fishing, or self-government rights and it does not recognize the validity of any particular group.

The Daniels decision affirms that it is the Federal Government that has jurisdictional responsibility and authority over all Indians for the purpose of section 91(24) of the constitution, and that the term “Indians” includes those with non-status and Metis. The Court acknowledged that there is no consensus on who is considered to be Metis and that …”determining whether particular individuals or communities…are Metis is a fact- driven question to be decided on a case by case basis in the future…”

Contrary to what some representatives of these supposed N.S. Metis groups are stating, the test as articulated in the Court’s previous Powley decision has not been extinguished. It still applies to aboriginal rights (such as fishing, logging, and hunting) contemplated by section 35 of the constitution. The dozen Nova Scotia and New Brunswick court cases (including 3 Supreme Court decisions) that denied any Maritime Province Metis rights claim are still valid and are not affected by the Daniels decision.

Some local Metis claimants seem ...

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