A University of Saskatchewan professor says this week’s landmark federal court decision that says Métis and non-status Indians should be recognized under the Canadian constitution could have a bearing on land claims.
Dwight Newman says this week’s ruling essentially says legislation over Métis and non-status Indians as Aboriginal people lies within federal jurisdiction and not provincial.
He says any provincial laws that have been passed historically and affect Métis land-claims could now be deemed unconstitutional.
Newman says this could have a two-pronged effect.
One, it could mean any provincial legislation that has extinguished Métis land-claims in the past could be deemed invalid.
At the same time, he says any provincial legislation that has benefited Métis land-claims could also meet the same fate.
“It’s the flipside of situations where provincial legislation that has extinguished Métis land rights in some provinces may be unconstitutional now while provincial legislation in Alberta that has established a land base may actually be deemed to be unconstitutional if one carries through to a logical conclusion.”