Canada Canada is a country in North America. Its Provinces and territories of Canada, ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, making it the world's List of coun ...

, the term non-status Indian () refers to any

First Nations First nations are indigenous settlers or bands. First Nations, first nations, or first peoples may also refer to: Indigenous groups *List of Indigenous peoples *First Nations in Canada, Indigenous peoples of Canada who are neither Inuit nor Mé ...

person who for whatever reason is not registered with the federal government, or is not registered to a band recognized under the Indian Act. 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 a student upon successful completion of a course of study in higher education, usually at a college or university. These institutions often offer degrees at various levels, usually divided into und ...

or becoming an ordained minister. The 2013 Federal Court case '' Daniels v. Canada'' established that non-status Indians (and

Métis The Métis ( , , , ) are a mixed-race Indigenous people whose historical homelands include Canada's three Prairie Provinces extending into parts of Ontario, British Columbia, the Northwest Territories and the northwest United States. They ha ...

) 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 decision "Daniels v Canada" overturned that verdict after the government appealed. In 2016, the

Supreme Court of Canada The Supreme Court of Canada (SCC; , ) is the highest court in the judicial system of Canada. It comprises nine justices, whose decisions are the ultimate application of Canadian law, and grants permission to between 40 and 75 litigants eac ...

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 (legal person or group of persons). Typically, a fiduciary prudently takes care of money or other assets for another person. One party, ...

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

Notes

References

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

See also

Notes

References