Landmark ruling on Métis rights upheld

Appeals court decision may extend benefits access

OTTAWA— The Federal Court of Appeal has largely upheld a landmark ruling that could extend Ottawa’s responsibilities to hundreds of thousands of aboriginal people who are not affiliated with specific reserves and have essentially no access to First Nations programs, services and rights.

Off-reserve aboriginal people say the decision is yet another victory in what has been a long legal saga with the federal government.

“Métis and non-status Indians have never been granted the same recognition and rights as those provided (to) status Indians living on reserve,” said Betty Ann Lavallee, national chief of the Congress of Aboriginal Peoples.

The Congress of Aboriginal Peoples and several Métis and non-status Indians took Ottawa to court in 1999, alleging discrimination because they were not considered “Indians” under a section of the Constitution Act.

They argued they have been denied certain benefits, which included access to the same health care, education and other benefits made available to status Indians. They also wanted rights to hunt, trap and fish and to negotiate and enter into federal treaties.

The Métis and non-status Indians scored a major victory last year when the Federal Court recognized them as “Indians” under the Constitution.

The federal government appealed that ruling. On Thursday, the appeals court upheld part of the decision. It ruled that while Métis should remain Indians under the Constitution, non-status Indians should not.