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NORTHWEST TERRITORIES
A court ruling has expanded the federal government's responsibilities to Metis and non-status Indians, and caused political shockwaves across Canada, including in the NWT.

On Jan. 8, Federal Court Judge Michael L. Phelan ruled Metis and non-status Indians are included in the term Indian as used in the Canadian constitution and should be under federal jurisdiction.

Garry Bailey, president of the Northwest Territory Metis Nation, said the ruling was great news for Metis people.

"We're now to be treated no less equitable from any other aboriginal group, and to me that's a big milestone," he said.

Bailey noted there should now be more opportunity for Metis to obtain additional services and funding by tapping into housing, education and heritage programs that had only been for status Indians.

"I think those are some of the areas I want to feel out and see if I can get anywhere with it right off the bat," he said.

The judge's 175-page decision is the result of a court case launched in 1999 by the Congress of Aboriginal Peoples and several individual plaintiffs. They argued the federal government's refusal to recognize Metis and non-status Indians as Indians under the constitution resulted in, among other things, discrimination; restrictions on hunting, trapping and fishing; and lack of access to health care, education and other benefits available to status Indians.

"The weight of the evidence is that Metis were both included and excluded from recognized Indian status in accordance with changing government policies," Phelan wrote, noting the federal government adopted such flexible policies because it could and it was "assumed, implied and accepted" that it could do so because Metis were Indians under Section 91(24) of the Constitution Act 1867.

The judge declined to make a general statement on any fiduciary duty by the federal government towards Metis and non-status Indians, but noted such a relationship exists as a matter of law flowing from the declaration that they are Indians under the constitution, although it was "not an open-ended undefined obligation."

Premier Bob McLeod called the court ruling a very important decision that may have implications for Metis and non-status Indians throughout Canada.

"Although it's taken 13 years to wind its way through the courts, I think most people expect that the decision will be appealed," he said. "Probably if the decision is upheld, it will probably be about four or five years down the road before any benefits flow, if any."

McLeod noted the decision clarified the federal government has jurisdiction over Metis and non-status Indians.

"How the federal government will exercise that jurisdiction remains to be seen," he said. "And that ruling doesn't mean that Metis or non-status Indians become Indians under the Indian Act."

The premier noted that, in the NWT, Metis are treated differently than Metis in the rest of Canada, so most of the implications of the court ruling would be felt in southern Canada.

For example, he noted the NWT is the only jurisdiction in Canada that provides Metis health benefits.

"I think we have a very good relationship with the Metis in the Northwest Territories," he said. "Some are part of settled land claims already. So I don't see it changing our relationships very much."

As for whether the court decision will affect negotiations with the Northwest Territory Metis Nation, McLeod said it's too early to say, adding the GNWT's lawyers are reviewing the ruling.

Bailey also said it is tough to say whether the judge's decision will affect the land, resources and governance negotiations between the Northwest Territory Metis Nation and the federal and territorial governments, although he believes it might.

"I think I do see some changes, but I don't think it's (anything) that's going to jeopardize the process in any way," he said.

The Northwest Territory Metis Nation and the federal and territorial governments recently signed an agreement-in-principle.

Bailey believes the court decision would give more power to the Metis side. "I think it should, but I do believe Canada will appeal it."

Western Arctic MP Dennis Bevington said he was pleased with the judge's decision.

"I think it's going to take a while for that completely to sink in, but I think his rationale was clear," he said.

Bevington thinks the decision will help promote equality in the North and across Canada.

The MP said the decision will be historic, if it holds up.

Asked whether he thinks it will be appealed, Bevington noted the federal government is "reeling" right now from failed policies towards indigenous people.

"The federal government has dug themselves a bit of a hole here," he said. "They made promises and they're not delivering on those promises. That's what brought the Idle No More movement forward."

Bevington said the court decision will be a very positive thing for Canada in the long term.

"If you take a short-term view and say, 'Oh, it's going to upset government revenue or cost government more,' that might be true in the short term," he said. "But in the long term I think it will lead to a more prosperous Canada and a population of Canada that's better for it."

Jan O'Driscoll, press secretary for Aboriginal Affairs and Northern Development Minister John Duncan, said the federal department is reviewing the court's decision to determine the next steps.

"As the Federal Court stated, this decision is not about 'the interpretation or application of particular rights either under the Constitution or under specific agreements, nor is it about Aboriginal rights,'" O'Driscoll said in an e-mail comment to News/North.

The spokesperson added the federal government continues to work in partnership with all aboriginals across Canada to address shared priorities such as education, economic development and jobs.

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