Historic Ruling

by Dr. Sebastien Malette, Consultant to the Metis Federation of Canada, Intervenor in SCC Daniels Appeal

I have attached the Metis Federation of Canada (MFC) Factum of the Intervener for the Daniels case per a drop box link here.

At the last page you can see the argument brought forward the Court: that if any consideration should be given to the Métis question about identity, it should be in line with the most progressive International standards when it comes to the recognition of both Indigenous diversity (and thus Métis diversity within Canada as already recognized by the SCC), and the ability for each Métis/Non-Status community to self-define their identity and relationship with the Federal government.

For that reason, MFC has submitted to the SCC that:
(1) self-identification,
(2) ancestral connection and
(3) community acceptance

should suffice as criteria under the section 91(24), not only for the Métis peoples, but in fact also for the Non-Status Indians, in fact for all Indigenous peoples of Canada.

In short, the MFC has offered a way forward to cut across all these arbitrarily lines and red tapes that now divide Indigenous identities from a head of power standpoint.

It is hoped in my understanding that this suggestion could potentially limit the propagation of animosity between the different Indigenous groups and identities, due to governmental selective recognition and action.

Hence MFC tried their best to be fair and mostly inclusive for any Indigenous involved under section 91 (24), and for all future generations.

It is also my understanding that this would not have been possible without the precious pro-bono help from Christopher Devlin and Métis lawyer Cynthia Westaway and their Law firm (Devlin, Gailus Westaway), who stood up with us shoulder to shoulder.

Tomorrow, many hope a new direction. I take this opportunity to salute the memory of Harry Daniels, and the courage of his son, Gabriel. I also salute Leah Gardner, from Ontario; Terry Joudrey, from Nova Scotia.