CAP-Daniels Decision: Indigenous Rights are Indigenous Rights
As CAP President, Harry Daniels spent his time standing up for the rights of Métis and Non-Status Indians. We continue his work today.
Congress of Aboriginal Peoples (CAP)
Canadian National Indigenous Organization
As CAP President, Harry Daniels spent his time standing up for the rights of Métis and Non-Status Indians. We continue his work today.
The government of Canada must honour their legal responsibilities to Métis and Non-Status Indians.
The Congress of Aboriginal Peoples has been fighting to empower all Indigenous Peoples for decades, including with our president, Harry Daniels, who in 1999 along with Leah Gardner, Terry Joudrey, and CAP filed suit against the Government of Canada for the court to determine which level of government has jurisdiction over Métis and non-status Indians.
On January 8, 2013, the Federal Court Judge Justice Phelan granted the first declaration that Métis and non-status Indians are “Indians” under section 91(24) of the Constitution Act, 1867. The Federal Government appealed the Supreme Court’s decision which was heard in October 2013, and that ruling was released on April 17, 2014. CAP appealed the decision to the Supreme Court of Canada.
On April 14, 2016, the Supreme Court of Canada made the final decision on this important issue which will significantly impact the relationship between the Government of Canada, Métis, and non-status Indians. Indigenous Peoples are ready to settle claims, implement rights, unlock human potential, and prepare for self-governments for Métis and Indian communities outside of the Indian Act structures.
There has been severe and lasting damage to Indigenous Peoples who were not recognized or registered as off-reserve Indians. Legislation divided families and communities according to externally-created categories and destabilized social structures necessary for communities to function. These categories prevented Indigenous people from defining who belongs to their communities according to their own traditions and continued the cycle of assimilation.
This booklet is dedicated to Harry Daniels (1940-2004), for making it his life’s work to stand up against injustice and support the Métis and Non-Status Indians of Canada. May we never let that work be in vain.