Daniels v. Canada: Critical Update on Métis and Non-Status Aboriginal Rights in Canada

Faculty

For years jurisdictional uncertainty has loomed: does the federal or provincial government have constitutional responsibility for issues affecting Métis and non-status Indians? This question has now been answered definitively- the federal government has authority. This dramatic shift will have far reaching implications not only for Métis and non-status communities, but for all indigenous peoples in Canada, as well as the federal and provincial governments.

In this OsgoodePD webinar, our expert faculty will guide you through the decision and its significance. You will benefit by hearing directly from counsel involved in the Daniels case.

Issues to be discussed include:

• Background – the history, parties, and the Federal Court/Federal Court of Appeal decisions
• The Daniels ruling – the black, white and grey areas
• The SCC’s approach to the definition of Métis and non-status Indians
• The declarations that weren’t granted- fiduciary duty and the obligation to consult
• The division of powers – effect of Daniels on the federal and provincial governments
• How will this ruling impact treaties, claims processes and access to federal programs, services, and benefits for Métis and non-status Indians?
• Canada’s responsibility to negotiate and enter into treatises with Métis and non-status Indians in light of Daniels
• What does Daniels mean for First Nations and Inuit communities?
• The way forward:
• Will the federal government choose to legislate on behalf of Métis and non-status Indians?
• If the federal government does not legislate – what then?
• Next steps for the federal government: reviewing federal programs to assess the likelihood of Charter equality and human rights challenges; discussions with provinces to clarify the division of responsibly
• Next steps for Métis and non-status communities: moving quickly to start the conversation
• Future discussions between Canada, Métis and non-status communities – how will this look? Continuing the conversation of rights, interests, programs and services

Faculty

Moderator

• Jean Teillet, IPC, Counsel to the Firm, Pape Salter Teillet LLP

Panelists

• Thomas Isaac, Osler, Hoskin & Harcourt LLP and Ministerial Special Representative on Métis Rights
• Mark R. Kindrachuk, Q.C., Senior General Counsel, Justice Canada
• Andrew Lokan, Paliare Roland LLP; Represented The Congress of Aboriginal Peoples in Daniels

Group Discounts

Please note that the group discount is only available when paying for members of the same organization, at the same time, and payment is made with one invoice.

Webcast Fee per Delegate

2-3 delegates: 25% off program fee
4-10 delegates: 30% off program fee
11+ delegates: 35% off program fee
Boardroom rates available.

Delivery

The video stream, including link to program materials will be sent to you via email as soon as payment is successfully processed.

Refunds

All sales are final. Please make all enquiries related to program content and CPD/MCLE credit hours prior to purchase.

Technical Support

In the event you experience technical difficulties, please contact opdsupport@osgoode.yorku.ca for assistance.