Native Law Updates – April 2016

Here’s a summary of some of the latest updates to Native Law:

  • A new judicial comment on the text. Native Law was referred to with approval by Madam Justice Miriam Gropper of the BC Supreme Court in Bradfield Estate v Brydges, 2016 BCSC 189 at para 15. See Chapter 9, page 253.
  • Supreme Court of Canada: Métis and non-status Indians are “Indians” under s. 91(24). The Supreme Court of Canada confirmed that exclusive federal legislative jurisdiction over Indians also includes Métis and non-status Indians. See references to Daniels v Canada, 2016 SCC 12 in Chapters 1, 3 and 4.
  • Child Welfare: The FNCFS Program found to unlawfully discriminate against aboriginal children; Jordan’s Principle. The Canadian Human Rights Tribunal found that the First Nations Child and Family Services Program (the FNCFS Program) is unlawfully discriminatory for providing a level of funding that failed to meet the goal of providing culturally appropriate child and family services to First Nations children and families living on-reserve that are reasonably comparable to those provided off-reserve. The CHRT ordered Canada (Indigenous and Northern Affairs Canada) to “cease its discriminatory practices and reform the FNCFS Program and 1965 Agreement to reflect the findings in this decision. AANDC is also ordered to cease applying its narrow definition of Jordan’s Principle and to take measures to immediately implement the full meaning and scope of Jordan’s principle.” First Nations Child and Family Caring Society of Canada et a. v Attorney General of Canada (for the Minister of Indian and Northern Affairs Canada), 2016 CHRT 2 at para 481. See paragraphs 19§982 and 19§1016.