What Does the Daniels Decision Mean? By Bruce McIvor

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.

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