Federal Court of Appeal decision on Daniels case to be released Thursday, April 17

Harry Daniels
The late Harry Daniels who initiated Daniels v Canada.

The release of the Federal Court of Appeal’s highly anticipated decision on Daniels v. Canada will take place on Thursday, April 17, 2014. Daniels v Canada concerns whether the Government of Canada has a constitutional responsibility to Métis people in the same way it does for First Nations and Inuit.

The case was initiated by now deceased Métis leader Harry Daniels, for the purpose of forcing the federal government to acknowledge that Métis people fall under the jurisdiction of the federal government and should enjoy rights and recognition comparable to First Nations. The Federal Court of Canada ruled that Daniels v. Canada establishes that Métis fall under federal jurisdiction and meet the definition of “Indian,” outlined in the Canadian Constitution. Following this ruling the federal government appealed the decision and the case went to the Federal Court of Appeal. At the Federal Court of Appeal, the Métis Nation of Ontario (MNO) had intervener status and argued that the federal government does have responsibility for the Métis.

“Depending on the outcome of the case, it could potentially impact Métis people across Canada because the federal government has not yet acknowledged responsibility of the Métis,” said MNO President Gary Lipinski. “If the ruling goes in our favour, we will be in a much stronger position to press the government for negotiations on a whole range of issues.”

Click on the links below for detailed information on Daniels v. Canada.

Daniels v. Canada – Plainspeak document

Daniels v Canada – Intervention Factum

The decision of the Federal Court of Appeal on Daniels v Canada will be posted on the Court’s website sometime on April 17 (the exact time is not known and will not be announced). When it is posted, you will be able to view the decision at the following link by entering the number A-49-13 into the space designated as “Court Number”: Please remember the number will not work until the decision is posted and the time of the posting will not be known until it actually takes place.

http://cas-ncr-nter03.cas-satj.gc.ca/fca-caf/DocketQueries/dq_queries_e.php

Once the decision is released on April 17, the MNO will review it and provide more information to citizens in coming weeks.