Ottawa, January 8, 2013
– A decision was issued today by the Honourable Michael
IN THE MATTER OF HARRY DANIELS ET AL v. HER MAJESTY THE
QUEEN ET AL
Summary:
The Plaintiffs ask the Court to issue the following declarations:
(a) 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;
(b) that the Queen (in right of Canada) owes a fiduciary duty to Métis and non-status
Indians as Aboriginal people;
(c) 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.
Upon review of the evidence on the record, the Court grants the declaration with respect
to section 91(24); the other two declarations, ancillary in nature, are dismissed.
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