Daniels v Canada (Indian Affairs and Northern Development)

Daniels v Canada (Indian Affairs and Northern Development)
Supreme Court of Canada
Hearing: 8 October 2015
Judgment: 14 April 2016
Full case nameHarry Daniels, Gabriel Daniels, Leah Gardner, Terry Joudrey and Congress of Aboriginal Peoples v Her Majesty the Queen as represented by the Minister of Indian Affairs and Northern Development and Attorney General of Canada
Citations2016 SCC 12
Docket No.35945 [1]
Prior historyAPPEAL and CROSS‑APPEAL from Canada (Indian Affairs) v Daniels, 2014 FCA 101, [2014] 4 FCR 97 (17 April 2014), setting aside in part Daniels v Canada 2013 FC 6, [2013] 2 FCR 268 (8 January 2013)
RulingAppeal allowed in part and cross‑appeal dismissed.
Holding
"Indians" under s. 91(24) of the Constitution Act, 1867 is a broad term referring to all Indigenous peoples in Canada.
Court membership
Chief Justice: Beverley McLachlin
Puisne Justices: Rosalie Abella, Thomas Cromwell, Michael Moldaver, Andromache Karakatsanis, Richard Wagner, Clément Gascon, Suzanne Côté, Russell Brown
Reasons given
Unanimous reasons byAbella J

Daniels v Canada (Indian Affairs and Northern Development), 2016 SCC 12 is a case of the Supreme Court of Canada, which ruled that Métis and non-status Indians are "Indians" for the purpose of s 91(24) of the Constitution Act, 1867.[2]

  1. ^ SCC Case Information - Docket 35945 Supreme Court of Canada
  2. ^ Daniels, para. 619

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