Canada Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by tot ...

, the term non-status Indian refers to any

First Nations First Nations or first peoples may refer to: * Indigenous peoples, for ethnic groups who are the earliest known inhabitants of an area. Indigenous groups *First Nations is commonly used to describe some Indigenous groups including: **First Natio ...

person who for whatever reason is not registered with the federal government, or is not registered to a band which signed a treaty with the

Crown A crown is a traditional form of head adornment, or hat, worn by monarchs as a symbol of their power and dignity. A crown is often, by extension, a symbol of the monarch's government or items endorsed by it. The word itself is used, partic ...

. For several decades, status Indian women automatically became non-status if they married men who were not status Indians. Prior to 1955, a status Indian could lose their status and become non-status through enfranchisement (voluntarily giving up status, usually for a minimal cash payment), by obtaining a

college degree An academic degree is a qualification awarded to students upon successful completion of a course of study in higher education, usually at a college or university. These institutions commonly offer degrees at various levels, usually including unde ...

or becoming an

ordained minister In Christianity, a minister is a person authorised by a church body, church or other religious organization to perform functions such as teaching of beliefs; leading services such as weddings, baptisms or funerals; or otherwise providing spir ...

. The 2013 Federal Court case ''

Daniels v. Canada is a case of the Supreme Court of Canada, which ruled that Métis and non-status Indians are "Indians" for the purpose of s 91(24) of the ''Constitution Act, 1867''. Parties The plaintiffs were Harry Daniels, a Métis activist from Saskatch ...

'' established that non-status Indians (and

Métis The Métis ( ; Canadian ) are Indigenous peoples who inhabit Canada's three Prairie Provinces, as well as parts of British Columbia, the Northwest Territories, and the Northern United States. They have a shared history and culture which derives ...

) have the same aboriginal rights as status Indians, in that they are encompassed in the 1867 Constitution Act's language about "Indians". However, the 2014

Federal Court of Appeal The Federal Court of Appeal (french: Cour d'appel fédérale) is a Canadian appellate court that hears cases concerning federal matters. History Section 101 of the Constitution Act, 1867 empowers the Parliament of Canada to establish "addit ...

decision "Daniels v Canada" overturned that verdict after the government appealed. In 2016, the Supreme Court of Canada upheld the 2013 verdict after a subsequent appeal on the 2014 decision. As a result, the federal government has jurisdiction and

fiduciary A fiduciary is a person who holds a legal or ethical relationship of trust with one or more other parties (person or group of persons). Typically, a fiduciary prudently takes care of money or other assets for another person. One party, for exampl ...

duty over status Indians, non-status Indians, and Métis alike.

References

First Nations history Canadian Aboriginal and indigenous law Assimilation of indigenous peoples of North America * Indigenous rights in Canada {{NorthAm-native-stub

See also

References