Supreme Court Allows Special Legal Status to Formerly Excluded Aboriginals

This article was last updated on April 16, 2022

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supreme court allows special legal status to formerly excluded aboriginalsIn a long-pending case, the Canada’s Supreme Court has granted special legal status to more than 600,000 aboriginal people on Thursday, allowing potential access to new rights and benefits. According to the court ruling, the Metis people and aboriginals not registered with the government are “Indians” under the Constitution Act of 1867, placing them in federal jurisdiction with respect to rights and benefits.

The ruling points out that the Metis, i.e. those of mixed aboriginal and European descent, and unregistered aboriginals, or “non-status Indians,” should negotiate with the federal government for some of the same rights and benefits granted to aboriginal people living on reserves. These rights are likely to include hunting and fishing privileges, tax breaks and assistance for medication, housing and education.

The lawyer for the plaintiffs, Joe Magnet, addressed media outside the court just after the ruling and stated that the lack of “Indian” status meant a lack of access to benefits and services some aboriginals badly needed. He explained that “we will look forward to engaging the government as to how these discriminatory practices should be removed.” Whereas on the other hand, Canadian Prime Minister Justin Trudeau also responded to the ruling, alleging that his government respects the court’s decision and looks forward to talks. Addressing reporters at an event in southern Ontario, PM Trudue alleged that “Canadians who don’t have the same chances as other Canadians do – that is something that has been going on for far too long.”

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