35945  Daniels, et al. v. The Queen, et al.  (Constitutional law — Division of powers — Aboriginal law — Métis)

On appeal from the judgment of the Federal Court of Appeal pronounced April 17, 2014. In 1999, the applicants instituted proceedings in Federal Court in order to resolve a long-standing issue as to which of Canada or the provinces has jurisdiction over the Métis and non-status Indian peoples. Specifically, they sought to obtain a determination that the federal government has constitutional jurisdiction pursuant to s. 91(24) of the Constitution Act, 1867 over Métis and non­-status Indians.  In Federal Court, they sought the following declarations: (a) that Métis and non-status Indians are “Indians” within the meaning of the expression “Indians and lands reserved for Indians” in s 91(24) of the Constitution Act, 1867; (b) that the Queen (in right of Canada) owes a fiduciary duty to Métis and non-status Indians as Aboriginal people; and (c) that the Métis and non-status Indian peoples of Canada have the right to be consulted and negotiated with, in good faith, by the federal government on a collective basis through representatives of their choice, respecting all their rights, interests and needs as Aboriginal peoples. The Federal Court issued a declaration that “those persons who are Métis and those who are non-status Indians [...] are ‘Indians’ within the meaning of the expression ‘Indians and Lands reserved for the Indians’ contained in s. 91(24) of the Constitution Act, 1867”. The Federal Court of Appeal allowed the appeal in part and restated the declaration by deleting the reference to “non-status Indians”