Supreme Court fall preview: non-status Indians, privilege, weird animal appeals – canadianlawyermag.com

01 October 2015

It’s back to work for the Supreme Court of Canada, which begins its fall session of hearings next week. The court will be receiving arguments on 25 appeals over the next three months, with a light calendar that includes the usual assortment of statutory and Charter challenges, commercial and civil appeals, and the occasional legal oddity.

The Status of Non-Status Indians

Next week, the top court will get right down to business as it tackles a heavyweight in Daniels v. R , a 16-year-old constitutional challenge launched by Métis leader Harry Daniels, who is demanding that Métis and non-status aboriginals be recognized as “Indians” under the federal definition.

Daniels won at the Federal Court of Canada, but he saw the decision clawed back on appeal, where the court ruled that, while Métis were Indians, “non-status” aboriginals would have to be assessed individually.

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