The Federal Court ruled Tuesday that Metis and non-status Indians qualify as “Indians” under the Constitution Act of 1867, and therefore fall under the jurisdiction of the federal government in Ottawa.

Both groups had been in a sort of jurisdictional limbo for decades. Metis leader Harry Daniels, the now-deceased plaintiff in the case, had sought to have the court clarify whether Ottawa or the provinces were responsible for the more than 600,000 aboriginal peoples across Canada who are either Metis or live off-reserve.

Daniels wanted all natives, regardless of whether they were Metis or lived on a reserve, to be declared “Indians” according to the legal definition. That request was granted Tuesday.

The Congress of Aboriginal Peoples and several Métis and non-status Indians took the federal government to court in 1999 alleging discrimination because they are not considered “Indians” under a section of the Constitution Act.

They argued they are entitled to some or all of the same rights and benefits as on-reserve First Nations members.

They say that includes access to the same health, education and other benefits Ottawa gives status Indians; being able to hunt, trap, fish and gather on public land; and the ability to negotiate and enter treaties with the federal government.

The congress and the Métis and non-status Indians involved in the case alleged in court documents that they’ve been the victims of “deprivations and discrimination” by the federal government.

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