Daniels v Canada: Supreme Court Ends 150 Years of Political Football

Abstract

On October 8, 2015, after more than 14 years of litigation, the Supreme Court of Canada heard arguments in the Daniels case, which centers around the fundamental question of whether the term “Indians” as used in section 91(24) of the Constitution Act, 1867 includes Métis and Non-status Indians. In seeking various declarations, the Plaintiffs hoped to bring to an end a longstanding jurisdictional dispute between the Provinces and Canada that resulted in Métis and Non-status Indians being treated like “political footballs.”

The purpose of this short summary is to provide the reader with background information and to describe the submissions of the Métis Settlements General Council as intervener. It should be noted that the case raises a number of issues not addressed in this paper that may nonetheless be of interest to the constitutional bar regarding the Court’s power to grant declaratory relief, including whether and how to apply the interpretive principles (are progressive and purposive interpretation two sides of the same coin?), along with the ongoing dialogue between Canadian citizens, Parliament, and the Court.