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Non-status Indian organization seeks to appeal the Daniels Decision

On April 17, 2014 the Federal Court of Appeal (FCA) changed a trial judge’s declaration that Métis and non-status Indians were covered by the term “Indians” in s.91(24) of the Constitution Act 1867 which provides the federal government jurisdiction to deal with “Indians and the lands reserved for the Indians”.  The FCA did this by excluding non-status Indians from the declaration, leaving only the Métis.  Further, the FCA narrowed the definition of Métis to the historic Métis community which CAP is also appealing.

According to MNC President Clément Chartier:

“While the federal government did not appeal the decision with respect to Métis being included in s.91(24), it  now has 30 days to cross-appeal on any issue in the decision and may chose to do so now that CAP has initiated the appeal.  We can only wait and see what it will choose to do.”

Once all of the necessary procedural steps have been fulfilled, the Supreme Court of Canada will decide whether or not it will allow the appeal of the FCA decision to be heard by them.

click here for Notice of Application for Leave to Appeal

click here for CAP’s Memorandum Argument

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