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This document has been prepared by Jean Teillet and Jason Madden for the Métis National Council (“MNC”) in order to assist the Métis Nation in better understanding the Federal Court of Canada’s decision in Daniels et al. v. Canada,  FC 6 (“Daniels”).
This document is not legal advice and it should not be relied upon as such. Also, the opinions expressed within it are those of the authors and not necessarily those of the MNC.
In a unanimous decision of the Supreme Court of Canada, the highest Court in the land has ruled that Canada has a constitutional and jurisdictional responsibility for Métis under s. 91(24) of the Constitution Act, 1867. This decision in the Daniels case is a huge victory for all Métis people, including Métis people here in British Columbia because the federal government must now step up to the plate and negotiate in good faith with the Métis Nation. MNBC will also be engaging with the Province of British Columbia on the implications of this decision. Métis wanted to be included in s. 91(24) because uncertainty about jurisdiction for Métis has been used by Canada to avoid dealing with Métis rights, interests and needs. With the Supreme Court decision, that uncertainty no longer exists.