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Canada established that non-status Indians (and Métis) have the same aboriginal rights as status Indians, in that they are encompassed in the 1867 Constitution Act's language about "Indians". [2] However, the 2014 Federal Court of Appeal decision "Daniels v Canada" overturned that verdict after the government appealed. [ 3 ]
However, two court cases have clarified that Inuit, Métis, and non-status First Nations people are all covered by the term Indians in the Constitution Act, 1867. The first was Reference Re Eskimos (1939), covering the Inuit; the second was Daniels v. Canada (2013), which concerns Métis and non-status First Nations. [41]
The Federal Interlocutor for Métis and Non-Status Indians was a title and role in the Canadian Cabinet that provided a liaison (or, interlocutor) for the federal Canadian government, and its various departments, to Métis and non-status Aboriginal peoples (many of whom live in rural areas), and other off-reserve (e.g., urban) Aboriginal groups.
The position of Federal Interlocutor for Métis and Non-Status Indians was created in 1985 as a portfolio in the Canadian Cabinet. [114] The Department of Indian Affairs and Northern Development is officially responsible only for Status Indians and largely with those living on Indian reserves. The new position was created in order provide a ...
The Congress of Aboriginal Peoples (CAP) (formerly the Native Council of Canada and briefly the Indigenous Peoples Assembly of Canada), founded in 1971, is a national Canadian aboriginal organization that represents Aboriginal peoples (Non-Status and Status Indians, Métis, and Southern Inuit) who live off Indian reserves in either urban or rural areas across Canada. [1]
According to Statistics Canada, the 2016 Canada Census showed that 232,380 persons self-identified as being First Nations people (that is, Indigenous but not Inuit or Métis), but were not "Registered or Treaty Indians" according to the Indian Act. This represented 23.8% of all persons with a First Nations identity, or 0.7% of the entire ...
Daniels v Canada (Indian Affairs and Northern Development), 2016 SCC 12 is a case of the Supreme Court of Canada, which ruled that Métis and non-status Indians are "Indians" for the purpose of s 91(24) of the Constitution Act, 1867. [2]
This organization collapsed in 1968 as the three groups failed to act as one, so the non-status and Métis groups formed the Native Council of Canada and treaty/status groups formed the National Indian Brotherhood (NIB), an umbrella group for provincial and territorial First Nations organizations.