Harry Daniels, Et Al. V. Her Queen As Represented By The Minister Of Indian Affairs And

1002 Words Mar 22nd, 2016 null Page
The case “Harry Daniels, et al. v. Her Majesty the Queen as represented by The Minister of Indian Affairs and Northern Development, et al.”, is an appeal case that originates from a Federal Court Case, arguing “that Métis and non-status Indians are “Indians” pursuant to s. 91(24) of the Constitution Act, 1867” (Summary- 35945). The case was originally “launched in 1999”(Roman), but “did not go to trial until 2011” (Roman). Section 91(24) states that the Queen and government are responsible and accountable for “Indians, and Lands Reserved for Indians” (Constitution Acts, 1867 to 1982). Harry Daniels et al. argued that Métis and non-status Indians are still Indian and should be constitutionally so under this section. In the case, originally brought to the federal Court, Daniels sought “that Métis and non-status Indians are “Indians” within the meaning of the expression “Indians and lands reserved for Indians” in s 91(24) of the Constitution Act, 1867 [...], that the Queen (in right of Canada) owes a fiduciary duty to Métis and non-status Indians as Aboriginal people; and [...], that the Métis and non-status Indian peoples of Canada have the right to be consulted and negotiated with, in good faith, by the federal government on a collective basis through representatives of their choice, respecting all their rights, interests and needs as Aboriginal peoples” (Summary- 35945). Ultimately, the Federal Court decided in favor of Daniels and declared Métis and Non-Status Indians fall…

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