OTTAWA
The president of the Northwest Territory Metis Nation says history was made on April 14 when Canada's top court announced that the federal government is responsible for Metis and non-status Indians.

Madison Beck, left, and Emerson Beck share a laugh at the Metis Aboriginal Day festivities in 2015. - NNSL file photo

"I think our ancestors are smiling above us right now," Garry Bailey said. "It's a big step forward for us, it means a lot to us to be Metis. That's our identity."

Last Thursday's unanimous Supreme Court decision ends a 17 year court battle that began in 1999.

The court maintained that all indigenous people in Canada, including Metis and non-satus Indians, are considered "Indians" under the Constitution Act of 1867.

That means the federal government is as constitutionally responsible for them as it is for Inuit and First Nations.

In the ruling, Supreme Justice Rosalie Abella stated that determining Metis heritage will need to be done on a case-by-case basis.

"Determining whether particular individuals or communities are non-status Indians or Metis and therefore "Indians" under s.91(24) (of the Constitution Act), is a fact-driven question to be decided on a case-by-case basis in the future," she stated. "There is no consensus on who is considered Metis or a non-status Indian, nor need there be. Cultural and ethnic labels do not lend themselves to neat boundaries. 'Metis' can refer to the historic Metis community in Manitoba's Red River Settlement or it can be used as a general term for anyone with mixed European and Aboriginal heritage."

While its unclear exactly what the ruling will mean in the NWT, William Enge, president of the North Slave Metis Alliance, said last week's decision could make Metis and non-status Indians eligible for the same health care benefits currently available to First Nations and Inuit.

He said while Metis in the Northwest Territories have the Metis Health Benefits program, they only apply to Metis individuals who are indigenous to the territory.

The decision could also provide core funding to Metis organizations and governments, which is now only available to First Nations governments and Inuit communities, Enge said.

"It also means that all Metis and non status Indians can access federal government programs and services that are now exclusively provided to registered Indians under the Indian Act and Inuit," he said.

Bailey said access to core funding could be a game-changer for Metis communities. It will also give Metis a louder voice when it comes to community consultations, Bailey said.

"We have the rights that are equal to the First Nations people," he said. "Right down to everything, health, education, hunting, fishing, all those rights that we've been fighting for to get recognized. It proves our identity, existence, that we have rights, that we have to be consulted and accommodated on all issues that affect us."

Bailey said the decision also reinforces hunting and fishing rights currently being practiced by members of the NWTMN in the territory.

"Right now for the Northwest Territory Metis Nation, we harvest throughout the whole Northwest Territories, we always have," he said. "I'd say it just affirms what we've been doing in the past."

In a press release, Bob McLeod, NWT Premier and Minister of Aboriginal Affairs and Intergovernmental Relations, said it will take time to determine exactly what the decision will mean in the NWT.

"Today's Supreme Court decision is an important one, and will have implications for Metis and non-status Indians throughout Canada. The Government of the Northwest Territories, like all jurisdictions, will need time to review this decision more closely to gain a better understanding of the potential implications for the Northwest Territories," he said in the release. "However, I believe that today in the Northwest Territories, Metis are treated differently than Metis elsewhere in Canada. The GNWT has a long history of recognizing and respecting the rights of all Aboriginal people in the NWT - this includes the Metis, Dene and Inuvialuit."

Bailey said he hopes the federal government will move quickly to determine and implement changes.

"I think its going to make a big difference for the Metis, providing the federal government moves forward on this as quick as possible," he said.