Daniels v Canada (Indian Affairs and Northern Development) | |
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Hearing: 8 October 2015 Judgment: 14 April 2016 | |
Full case name | Harry 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 |
Citations | 2016 SCC 12 |
Docket No. | 35945 [1] |
Prior history | APPEAL 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) |
Ruling | Appeal 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 by | Abella 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]