(ಠ_ಠ)
2014-11-20 21:06:42 UTC
Holy bloody hell. We're all (except natives) going to have to start paying 15%
GST if the courts go along with this demand.
_____________________________________
The Canadian Press Posted: Nov 20, 2014
Supreme Court to hear landmark case for off-reserve aboriginals
The question of whether the country's Métis and non-status Indians have a right
to the same programs and services as First Nations and Inuit has fallen to the
Supreme Court of Canada.
The eventual outcome of the case could vastly extend the federal government's
responsibilities to hundreds of thousands of Aboriginal People.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
Or it could overturn a historic victory.
Federal Court grants rights to Métis, non-status Indians
On Thursday, the Supreme Court agreed to hear appeals from both sides in a case
started 15 years ago by Métis leader Harry Daniels. As usual, the court did not
give reasons for its decision to hear the case.
The Congress of Aboriginal Peoples, along with several Métis and non-status
Indians, took the federal government to court in 1999, alleging discrimination
because they were not considered "Indians" under a section of the Constitution
Act and thus have been denied certain benefits.
Both the Métis and non-status Indians scored a major win last year when the
Federal Court recognized them as "Indians" under the Constitution. The federal
government appealed that ruling.
Earlier this year, the Federal Court of Appeal upheld part of the decision. It
ruled that while Métis should remain Indians under the Constitution, extending
that recognition to non-status Indians should be done on a case-by-case basis,
since it is a separate issue.
Both sides appealed
The Congress of Aboriginal Peoples — which represents both non-status Indians
and Métis — appealed that ruling.
Betty Ann Lavallee, national chief of the Congress of Aboriginal Peoples, says
the Supreme Court's decision to hear the appeal is an important step in
resolving the status of off-reserve aboriginals.
So did the federal government. It claims both lower courts were wrong to extend
Indian status to the Métis — while also arguing the appeals court got it right
when it ruled non-status Indians as a whole should not constitutionally be
considered Indians.
The head of the Congress of Aboriginal Peoples welcomed the Supreme Court's
decision to hear the appeals.
"This is an important step in the long struggle begun by my predecessor as
national chief of the Congress of Aboriginal Peoples, Harry Daniels," National
Chief Betty Ann Lavallee said in a statement.
"The decision of the Court of Appeal was flawed in our view, as it drew an
unhelpful distinction between the federal government's responsibility for
non-status Indians and its responsibilities toward Métis peoples and status
Indians."
The Supreme Court also gave the Métis National Council, which is a intervener
to the case, more time to file its own response to both appeals.
The council wanted the federal government to drop its appeal and start working
out an agreement with the Métis people.
GST if the courts go along with this demand.
_____________________________________
The Canadian Press Posted: Nov 20, 2014
Supreme Court to hear landmark case for off-reserve aboriginals
The question of whether the country's Métis and non-status Indians have a right
to the same programs and services as First Nations and Inuit has fallen to the
Supreme Court of Canada.
The eventual outcome of the case could vastly extend the federal government's
responsibilities to hundreds of thousands of Aboriginal People.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
Or it could overturn a historic victory.
Federal Court grants rights to Métis, non-status Indians
On Thursday, the Supreme Court agreed to hear appeals from both sides in a case
started 15 years ago by Métis leader Harry Daniels. As usual, the court did not
give reasons for its decision to hear the case.
The Congress of Aboriginal Peoples, along with several Métis and non-status
Indians, took the federal government to court in 1999, alleging discrimination
because they were not considered "Indians" under a section of the Constitution
Act and thus have been denied certain benefits.
Both the Métis and non-status Indians scored a major win last year when the
Federal Court recognized them as "Indians" under the Constitution. The federal
government appealed that ruling.
Earlier this year, the Federal Court of Appeal upheld part of the decision. It
ruled that while Métis should remain Indians under the Constitution, extending
that recognition to non-status Indians should be done on a case-by-case basis,
since it is a separate issue.
Both sides appealed
The Congress of Aboriginal Peoples — which represents both non-status Indians
and Métis — appealed that ruling.
Betty Ann Lavallee, national chief of the Congress of Aboriginal Peoples, says
the Supreme Court's decision to hear the appeal is an important step in
resolving the status of off-reserve aboriginals.
So did the federal government. It claims both lower courts were wrong to extend
Indian status to the Métis — while also arguing the appeals court got it right
when it ruled non-status Indians as a whole should not constitutionally be
considered Indians.
The head of the Congress of Aboriginal Peoples welcomed the Supreme Court's
decision to hear the appeals.
"This is an important step in the long struggle begun by my predecessor as
national chief of the Congress of Aboriginal Peoples, Harry Daniels," National
Chief Betty Ann Lavallee said in a statement.
"The decision of the Court of Appeal was flawed in our view, as it drew an
unhelpful distinction between the federal government's responsibility for
non-status Indians and its responsibilities toward Métis peoples and status
Indians."
The Supreme Court also gave the Métis National Council, which is a intervener
to the case, more time to file its own response to both appeals.
The council wanted the federal government to drop its appeal and start working
out an agreement with the Métis people.