Law Times

Page 12 April 28, 2014 • lAw Times www.lawtimesnews.com he government will now have to address the discrimination faced by Métis people following an appeal decision this month confirming their status as Indians under the Constitution, says a lawyer involved in the case. In Canada (Indian Affairs and Northern Devel- opment) v. Daniels, the Federal Court of Appeal upheld a Federal Court decision that declared Métis people to be Indians under s. 91(24) of the Constitution Act. e April 17 decision confirms federal and pro- vincial governments have an "overarching obliga- tion" to include Métis people in their reconciliation efforts, says Maxime Faille, a partner at Gowling Lafleur Henderson LLP's Ottawa office. Faille acted on behalf of Gi Lake Métis settle- ment as an intervener in the appeal. "ere has been discrimination against Métis people, [such as] projects and services that haven't been provided to them that have been provided to other groups," he says. "is decision, I think, will put a magnifying glass to that and hopefully it will incite some changes." Appeal court Justice Eleanor Dawson found unchallenged facts undercut the Crown's argu- ments against the inclusion of Métis people in s. 91(24). ey included the "political/ policy wrangling between the federal and provincial govern- ments" that produced a "large population of collaterally dam- aged Métis" who were, as a result, "deprived of programs, services, and intangible benefits," Dawson's decision states. However, Dawson dismissed a cross-appeal by the respon- dents. ey wanted declarations that the Crown had a fiduciary responsibility to Métis and non- status Indians as aboriginal peo- ple and that these groups had the right to consultation by the fed- eral government. e trial judge made no error in refusing these declarations and "recognized that the Crown has a fiduciary relationship with ab- original people both historically and pursuant to s. 35 of the Char- ter," wrote Dawson. She also removed the inclusion of non-status Indians from the Federal Court's declaration. Andrew Lokan, a partner at Paliare Roland Rosenberg Roth- stein LLP, hopes the ruling means "underserviced people . . . will have their needs as aboriginals ad- dressed." It's not yet clear exactly which programs and services the declaration would now require the government to provide, he notes. e Crown may decide to seek leave to appeal from the Supreme Court of Canada. Aboriginal Affairs and North- ern Development Minister Ber- nard Valcourt said: "Given that the previous Federal Court deci- sion raised complex legal issues, it was prudent for Canada to obtain a decision from a higher court. "We are pleased that the court granted part of our appeal and we are reviewing all elements of today's decision to determine next steps." LT Daniels ruling on Métis status upheld FOCUS THE MOST COMPLETE DIRECTORY OF ONTARIO LAWYERS, LAW FIRMS, JUDGES AND COURTS With more than 1,400 pages of essential legal references, Ontario Lawyer's Phone Book is your best connection to legal services in Ontario. Subscribers can depend on the credibility, accuracy and currency of this directory year after year. 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Voice classes also taught her how to project and com- mand attention. She admits to mistakenly referring to juries as "the audience," although it luckily wasn't in court. Teillet has always been a visual artist on the side, some- thing she says may explain why she always sees the law as something unfinished that can transform into something better. Now that the courts have established many of the big constitutional principles in aboriginal law, Teillet predicts lawyers will need to address "grey areas," such as who's able to represent aboriginal people in negotiations with govern- ments and energy companies. "It's coming up everywhere," she says. "Who do they have to consult with? Just the band or with a family? And then what's a family?" Another big issue on the horizon concerns overlapping territories, a matter she believes will challenge the tradition- al single-owner model of land ownership based on British law. "It's where the cultures really clash. . . . It's not an easy resolution," she says. Asked whether her own background gives her insight into these kinds of cultural differences, she pauses. "All I'm doing is walking a path that's been long trodden by the Mé- tis in this country. Do I have an innate ability for this? Prob- ably not. Do I recognize that I have picked up a mantle that the Métis have been wearing for 200 plus years? Yep." Her impressive family lineage is undoubtedly part of her drive to make an impact, and she frequently drops refer- ences to her famous relatives into conversation. ere's Riel, of course, and her athletic aunt Dorothy who features in the National Baseball Hall of Fame and Museum in New York. Her uncle Roger was a navigator shot down over France during the Second World War and sent to the Nazi prisoner of war camp that became widely known through the1963 movie e Great Escape. He went on to serve as a cabinet minister in Lester Pearson's government in the 1960s. "He's a good example of what you can do if you work at it," says Teillet. But Teillet doesn't give the impression of wanting to be part of the establishment. Her Toronto office sits on a tree- lined residential street in Little Italy across town from the shiny office towers of Bay Street. She sees one of the most exciting developments in her practice area as being the increase in aboriginal lawyers "representing our own." When she started attending Indig- enous Bar Association meetings as a student, the members from across Canada could all fit into a small room. She highlights the 10 per cent of Ontario midwives who now come from aboriginal backgrounds and whose experiences are helping to shape the midwifery curriculum as an exam- ple of what aboriginal lawyers can achieve. "I think we understand better than a lot of other people do," she says, expressing satisfaction that aboriginal law is no longer the preserve of "white-haired old guys" and add- ing: "I think it will change the profession and I think it will change the law." LT Voice classes helped with law career Continued from page 8

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