The Daniels decision, Supreme Court of Canada, April 14, 2016
There is no need to delineate which mixed‑ancestry communities are Métis and which are non‑status Indians. They are all “Indians” under s. 91(24) by virtue of the fact that they are all Aboriginal peoples. “Indians” has long been used as a general term referring to all Indigenous peoples, including mixed‑ancestry communities like the Métis. Before and after Confederation, the government frequently classified Aboriginal peoples with mixed European and Aboriginal heritage as Indians. Historically, the purpose of s. 91(24) in relation to the broader goals of Confederation also indicates that since 1867, “Indians” meant all Aboriginal peoples, including Métis.
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