Canadian Federal Court of Appeal affirms that 400,000 Métis have Indian status

In a historic decision, Canada’s Federal Court of Appeal today affirmed a 2013 Federal Court ruling that Métis are “Indians” under section 91(24) of the Constitution Act, 1867.  The decision impacts approximately 350,00 – 400,000 Métis in Canada.  The court did not include non-status Indians in the decision, opting instead to decide Indian status for these groups on a case-by-case basis.

From CBC News:  “[The Daniels decision] could be one of the most significant cases dealing with aboriginal peoples in Canadian history,” said University of Ottawa law professor Larry Chartrand in an interview with CBC News. “It has the potential of completely changing the landscape of aboriginal-Canadian relations.”

News reports are here and here.

A copy of the Daniels decision is here.

In a statement posted here, President Clément Chartier of the Métis National Council stated that “I applaud today’s decision of the Federal Court of Appeal in the Daniels case. It reinforces our longstanding position that the federal government has constitutional responsibility to deal with the Métis.”

 

Posted in Aboriginal Rights, Author: Wenona T. Singel, Canadian Indian, Métis | Tagged , , | Leave a comment

MAIBA / MINNCLE 2014 Indian Law Conference

The Minnesota American Indian Bar Association and Minnesota CLE are sponsoring the 2014 Indian Law Conference on Friday, May 2, 2014.

The conference will take place at Mystic Lake Casino located on the lands of the Shakopee Mdewakanton Sioux Community. Assistant Secretary for Indian Affairs Kevin Washburn is scheduled to speak. A complete agenda can be round here: MAIBA 2014 Indian Law CLE

Posted in Author: Andrew Adams III, legal ethics | Tagged , , | Leave a comment

Shoshone-Bannock Tribes v. FMC Corp. — Tribal Appellate Court Finds Jurisdiction over Nonmember Phosphate Plant

News coverage via pechanga.

If anyone has the opinion, please send along.

Posted in Author: Matthew L.M. Fletcher, Environmental, Research, tribal courts | Tagged , , , | Leave a comment

Response Brief in Lomeli v. Kelly

Here:

Lomeli v Kelly COA Contempt Response Brief of Appellees

Posted in Author: Matthew L.M. Fletcher, Research, sovereign immunity, tribal courts, tribal membership | Tagged , , , , | Leave a comment

Portland Bridge to be Named Tilikum Crossing

Two news articles here:

Portland Transit Bridge Will Be Called ‘Tilikum Crossing’

Tilikum Crossing or TilixƏm Crossing? Why Portland’s new bridge name doesn’t have traditional native spelling (video)

Posted in Author: Matthew L.M. Fletcher, Language, News | Tagged , , , | Leave a comment

Update in Black v. US — Tort Claims Related to Shooting by Tribal Police

Here are the updated materials in Black v. United States (W.D. Wash.):

39 Amended Complaint

46 Kitsap County Motion to Dismiss

53 Joint Tribal Motion to Dismiss

62 DCT Order Dismissing Kitsap County

Only the tribal defendants remain in the case. Prior post on this matter here.

Posted in Author: Matthew L.M. Fletcher, Research, sovereign immunity | Tagged , , , , , , , , | Leave a comment

Michigan COA Decides ICWA/MIFPA Active Efforts/Qualified Expert Witness Appeal

Here is the opinion:

In re Arnold

 

Posted in Author: Matthew L.M. Fletcher, ICWA, Research | Tagged , , | Leave a comment

California Indian Law Association Program Coordinator Job Posting (perfect for law students)

Here:

CILA Job Announcement 2014 FINAL (2)

Posted in Author: Matthew L.M. Fletcher, jobs | Tagged , | Leave a comment

Supreme Court of Canada Aboriginal Law Stats

Here are the updated stats for the Supreme Court of Canada’s rulings in Aboriginal law cases since the patriation of the Constitution in 1982.  There have been some big changes since the last update a few years ago – Justices Binnie (14/33 – 42.4% in favor of Aboriginal interests), Charron (6/19 – 31.5%), and Deschamps (7/23 – 30.4) have left and Justices Moldaver (0/2 – 0%), Karakatsanis (0/2 – 0%) and Wagner (0/1 – 0%) are not off to a very auspicious start since coming on board.

Overall, as the court sits today, the Justices have collectively found in favor of Aboriginal interests only 30.7% of the time.  Here’s the breakdown by individual Justice – McLachlin: 35.1% (19/54); LeBel: 23% (6/26); Fish: 36.3% (8/22); Abella: 35% (7/20); Rothstein: 25% (4/16); Cromwell: 30% (3/10); Moldaver: 0% (0/2); Karakatsanis: 0% (0/2); and Wagner: 0% (0/1).

Supreme Court of Canada’s Aboriginal Law Stats

Posted in Aboriginal Rights, Author: Peter Vicaire, Canadian Indian, legal history, Métis, Research, Supreme Court of Canada | Leave a comment

Zuni Tribe Public Defender Posting

Here.

POZPublicDefenderApr2014

Posted in Author: Matthew L.M. Fletcher, jobs | Tagged , , | Leave a comment