Métis and non-status First Nations now qualify as “Indians” under the Constitution Act of 1867 after the Federal Court ruled on the issue after a 14-year-long court case.
Now what?
The case was all about the relationship aboriginal people have with governments. Are rights for non-status indigenous Canadians the jurisdiction of provincial or federal government?
Federal, said the court.
But experts predict the case will go on to the Supreme Court. If that happens, it’s anyone’s guess how long before the highest court will rule on an issue that affects 400,000 Métis and 200,000 non-status First Nations people.
The ruling could affect education rights. Theoretically, scholarships and bursaries previously available only to on-reserve or status First Nations people should be opened to the 600,000 aboriginal people this ruling affects. That’s a lot more people for a limited amount of money.
As aboriginal groups and governments grapple among each other over who will pay for what, there’s a fair chance indigenous students will get caught in the crossfire.
While the governments duke it out, universities and scholarship foundations need to close any gaps that open up for indigenous students. There are dozens of foundations and corporations that provide aboriginal-focused scholarships. Carleton runs several of these too, as do most universities.
Regardless of whether the ruling is challenged—or even overturned—scholarships that are only available to status First Nations should be opened to all aboriginals. Schools and foundations could use already-accepted criteria like those used by the Métis National Council to ensure Métis or First Nations ancestry.
Foundations should work immediately to raise more money so they can compensate for the larger applicant pool. Universities should put more money into aboriginal scholarships, and lobby governments to cover the costs if need be.
The Federal Court’s ruling is one step in a long, tough journey towards a new, more just and free Canada. Universities and scholarship foundations can either sit back, or take another step in the right direction.
