Case Brief – Daniels v. Canada, 2016 SCC 12

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Daniels represents a significant development for the rights of Métis and non-status Indians in Canada.

Fundamentally, Daniels establishes that Métis and non-status Indians are “Indians” within the legislative authority of the Federal Crown pursuant to s. 91(24) of the Constitution Act.[1] The Supreme Court of Canada’s decision sets aside the Federal Court of Appeal’s ruling that this distinction applies only to the Métis and excludes non-status Indians.

The appellants sought three declarations in Daniels: 1) that Métis and non-status Indians are “Indians” pursuant to s. 91(24) of the Constitution Act, 1867; 2) that the Federal Crown owes a fiduciary duty to Métis and non-status Indians; and 3) that Métis and non-status Indians have the right to consultation and negotiation.[2] The Supreme Court dismissed the second and third requests, but granted the first.