Tuesday, January 8, 2013

Canadian Metis

From the Globe and Mail:
"Ottawa Has Jurisdiction Over Metis"

Métis and non-status Indians won a major victory this morning with a Federal Court of Canada declaration that they qualify as being “Indians” under the 1867 Constitution Act that set the template for Confederation. The court declined to go a step further and expressly order the federal government to begin negotiating with Métis and non-status Indians over claims such as health, education and land.  However, Mr. Justice Michael Phelan left little doubt that his judgment will put pressure on the government to negotiate. ”Hopefully, the resolution of the constitutional issue will facilitate resolution on other matters,” Judge Phelan said. The decision provided a resolution to 13 years of legal wrangling between representatives of the Métis people and the federal government. Legal experts and Métis activists behind the case believe it is a foregone conclusion that the federal government will appeal the ruling to the Federal Court of Appeal. Since this decision, too, would almost certainly be appealed to the Supreme Court of Canada, a final answer is likely three or four years away. With an estimated 400,000 Métis in the country, the costs of extending government programs or negotiating claims are potentially enormous. The federal government had hoped that the outcome of the case would sharply restrict its authority. Métis organizations that brought the case hoped that by establishing that they qualify as “Indians” under the Constitution Act, it would establish the fiduciary duty of the federal government to look after their affairs. In his decision, Judge Phelan examined a broad sweep of historical evidence that established the Métis and non-status Indians were treated in much the same way full-status Indians were.

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AT A GLANCE

404,000: The number of Métis according to the 2006 Census.
Areas of greatest concentration of Métis in 2006: Alberta (22 per cent), and Ontario (19 per cent), Manitoba (18 per cent), British Columbia (15 per cent) and Saskatchewan (12 per cent).
The Supreme Court outlined three broad factors to identify Métis rights-holders:
  • self-identification as a Métis individual;
  • ancestral connection to an historic Métis community;
  • acceptance by a Métis community.
34 per cent: The Métis account for more than one-third of the overall aboriginal population, up from just one-quarter (26 per cent) in 1996.
$22,395: Average total income for Métis (2001)
$30,060: Average total income for non-Aboriginal population (2001).
 
 
^ I'm sure that the political and court battle is far from over. I know the Canadian Government has had issues with the Metis throughout the history of Canada and now they (the Government) doesn't want admit it's mistakes and have to start treating the Metis as Indians. I will keep an eye on this and see what the Supreme Court eventually says. ^
 
 

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