A court ruling on Jan. 8 that put Métis and non-status Indians under federal jurisdiction has created uncertainty as aboriginal communities which now wait to see what – if anything – comes next.
The Federal Court ruled that the two groups fit the definition of “Indian” under section 91 of the Constitution Act. The decision places the communities under the jurisdiction of the federal government.
Provincial laws concerning the peoples could be reversed if they are challenged in court, said Dwight Newman, a law professor at the University of Saskatchewan.
“If there’s provincial legislation that’s specifically about Métis and non-status Indians, I would say that it’s a live question now whether that is still properly within the jurisdiction of the province,” Newman said.
He said the ruling creates significant pressure for the federal government to enter into negotiations with Métis and non-status First Nations.
“The government [now] needs to think through whether it is going to create any kind of legislative system to support the cultural self-determination of Métis and non-status Indians,” Newman said.
“Will it establish different kinds of funding relationships with the communities?”
“There are going to be a lot of different questions to be worked through.”
Justice Michael Phaelan, who oversaw the case, wrote that because Métis and non-status Indians now fall under jurisdiction of the federal government, a “fiduciary relationship exists as a matter of law,” meaning the federal government is responsible for handling aboriginal affairs.
However, he declined to clarify further just what that relationship should be.
There are nearly 400,000 Métis in Canada, according to Statistics Canada.
At Carleton University, some are worried that the ruling might create tension between aboriginal groups, now that First Nations, Métis and non-status Indians all fall under federal jurisdiction.
“It’s a small pot of money, and there’s a lot of people that want pieces of it,” says Shavy Hafez, an Algonquin student at Carleton University who works with CUSA’s Aboriginal Service Centre.
“There’s obviously going to be rivalry. People want the best for their [own] people, and you can’t blame them for that.”
“There are a lot of First Nations groups that are [already] underfunded,” Hafez added. More groups being able to qualify for funding may mean there will be less for each community, he said.
Hafez noted that because individual bands make their own decisions on how to manage funding, tighter budgets will be responded to differently by various communities. Some may decrease educational funding while others try to preserve it.
If the federal government does begin to extend educational benefits, “it will obviously be beneficial for non-status and Métis students on campus,” Hafez adds.
According to Newman, it’s possible that the provincial governments may now withdraw from some funding arrangements for educational benefits, although he doesn’t think it is likely.
“The provinces might try to shift it to the federal government. One would have to hope that it happens in an organized way,” said Newman. “There’s a possibility of change there, but I wouldn’t want to set off panic about it.”
Ontario’s Ministry of Aboriginal Affairs replied in a statement that they are “committed to building trust and prosperity by expanding opportunities” for aboriginal peoples in Ontario.
For non-status and Métis peoples, the ruling is as much about recognition as it is about any specific agreement, says Métis professor Jennifer Adese, a visiting scholar to Carleton.
“Métis people have long insisted, since the Métis nation was formed…that we are a nation, and that the federal government has an obligation to deal with us on a nation to nation basis,” Adese said.
“I think, for Métis people, that this [ruling] is a signal of that.”
Adese said she doesn’t believe there will be any tensions between aboriginal groups as a result of the ruling.
“I think it’s a misconception that we’re all going to be fighting over the same money. What we’re looking for is not to have support reduced for First Nations people and redirected towards non-status or Métis people,” she said.
“The feedback I’ve received is that many status people are very much – and have always been – in support of Métis people having recognition.”
Jan O’Driscoll, spokesperson for Canadian aboriginal affairs minister John Duncan, told news networks in a release that the federal government is reviewing its next steps.
Both Adese and Newman said they expect the ruling to be appealed to the Supreme Court.
