The Daniels decision is likely one of the most misunderstood decisions ever released by the Supreme Court of Canada. The case asked The Supreme Court to make three declarations:
• that the Métis and non-status Indians are ‘Indians’ under s. 91(24) of the Constitution;
• that the Federal Government owes a fiduciary duty to the Métis and non-status Indians; and
• that the Métis and non-status Indians have a 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 rights, interests and needs as Aboriginal peoples.
Lawyer and historian Bruce McIvor gives us his in-depth assessment of the ruling.