The Supreme Court of Canada will hear a high-stakes landmark case that could extend the federal government's responsibilities to hundreds of thousands of off-reserve Aboriginal Peoples.
The federal government and groups representing off-reserve aboriginals had both appealed a decision by the Federal Court of Appeal in a case started 15 years ago by Métis leader Harry Daniels.
- Court of Appeal upholds landmark ruling on rights of Métis
- Federal Court grants rights to Métis, non-status Indians
On Thursday, the Supreme Court said it would hear both appeals.
The Congress of Aboriginal Peoples, along with several Métis and non-status Indians, took the federal government to court in 1999.
They alleged discrimination because they were not considered "Indians" under a section of the Constitution Act, and thus have been denied certain benefits.
Both 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. Earlier this year, the Appeal Court upheld part of the decision.
It ruled that while Métis should remain Indians under the Constitution, extending that recognition to non-status Indians should be done on a case-by-case basis since it is a separate issue.
The Congress of Aboriginal Peoples — which represents both non-status Indians and Métis — appealed the Federal Court of Appeal's decision.
The federal government, meanwhile, had appealed both lower-court decisions to extend Indian status to the Métis, while also arguing the appeals court was right to conclude that non-status Indians as a whole should not constitutionally be considered Indians.
