Kim Beaudin on the Daniels Decision In Daniels v. Canada (Indian and Northern Development Canada) the Supreme Court of Canada was asked to make three declarations:That the Métis and non-status Indians are ‘Indians’ under s.91(24) of the Constitution, 1867;That the federal government owes a fiduciary duty to the Métis and non-status Indians; andThat the Métis and non-status Indians have a right to be consulted and negotiated with in good faith by the federal government on a collective basis through representatives of their choice, respecting all rights, interests and needs as Aboriginal peoples.A declaratory action is a time-honoured method to determine issues of public law. It is important to understand that a declaration does not compel any party to do anything. It relies on the honour of the Crown in assuming that once the legal issues are determined, the Crown will respond appropriately. In Daniels, the Supreme Court made the first declaration but declined to support the second and third, The central issue in the Daniels case arose from the federal government’s denial that it had jurisdiction over Métis and non-status Indians under section 91(24) of the Constitution Act, 1867. This denial resulted in Métis and non-status Indians being deprived on much needed programs and services. In 1972, Gérard Pelletier, then the Secretary of State, reported in a secret memorandum to Cabinet that: "The Métis and non-status Indian people, lacking even the protection of the Department of Indian Affairs and Northern Development, are far more exposed to discrimination and other social disabilities. It is true today that in the the absence of federal initiative in this field, they are the most disadvantaged of all Canadians citizens"The Daniels decision came down on April 14, 2016. There has been no initiative by the federal government to begin a process of reconciliation with the “forgotten Aboriginal peoples” and act on the federal fiduciary duty to negotiate where rights and claims of Métis and non-status Indians.- Kim Beaudin Picture on left side: Yvonne Jones, Parliamentary Secretary to the Minister of Indigenous Affairs and Northern Development, Kim Beaudin, National Vice Chief and Robert Bertrand, National Chief of the Congress of Aboriginal Peoples. (September 30, 2016)
The Supreme Court stated that;
"The Metis and non status Indians people, lacking even the protection of the Department of Indian Affairs ... are far more exposed to discrimination and other social disabilities. it is true to saying the absence of federal initiative in this field they are the most disadvantage of all Canadians citizens"
this statement was reported in secret documents by the Secretary of State in 1972 in a report to the Canadian Government; decades later the Government of Canada has made little progress. In the words of Justin Trudeau newly elected Prime Minister of Canada "This is 2016"
Kim was born in Edson which is west of Edmonton, Alberta. His late father is Joe Beaudin, who was a citizen of the Métis Nation and his mother Margaret Callihoo, is a descendant of the Callihoo Reserve. Kim’s Métis roots reach from the Red River in Manitoba all the way to Batoche, Saskatchewan. He is also a descendant of the Callihoo Reserve who signed the treaty in 1876. In 1958, the Michel Band and Indian Reserve 132 were enfranchised. This federal policy was used as a template to apply to reserves all across Canada, however it conflicted with the Canadian Bill of Rights and had to be repealed. Still, with a stroke of a pen by the federal government, the Callihoo people became the forgotten people, so Kim understands what it’s like to be a forgotten Indigenous person in Canada. This drives Kim to do the work he does today and he is well-known as an Indigenous political advocate, who has served in both political and administrative capacities with numerous Indigenous peoples’ organizations in Saskatchewan. He is also a recipient of the Queen’s Jubilee Medal in recognition of his work for Indigenous Peoples. As President of the Coalition of Aboriginal Peoples of Saskatchewan for the past 7 years, Kim has raised the profile of a wide range of issues that impact the lives of Métis and Status and non-Status Indians living off reserve. Kim has participated in high-level discussions with the Prime Minister and Cabinet Ministers, and understands how to present issues effectively at the highest level. Kim has worked on Indigenous rights and issues at various governmental tables and will continue to be actively involved in ongoing cases. He is also an outreach worker with the anti-gang initiative “STR8UP, 10 000 Little Steps to Healing Inc.” in Saskatoon, Saskatchewan.
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"The magnitude of the change will be profound, and affect the lives of millions of Aboriginal people in Canada. Former leaders of NCC/CAP including Tony Belcourt, Jim Sinclair, Harry Daniels and Smokey Bruyere were all pillars of the Aboriginal movement of Canada" -Kim Beaudin
"Within the system itself, when people enter the court process, particularly indigenous people, they don't have the resources to address any of the kinds of things that have been leveled against them by the police. Because of that, you have a system in which you have different programs where the government is working for the government. Legal aid, for example, is a really big one. The way it's set up, it's certainly not fair to the person who's involved in that process and, unfortunately, it usually takes a turn for the worse". Open Parliament
"The president of the Coalition of Aboriginal Peoples of Saskatchewan (CAPS) is advocating change to the province’s bail system after a judge in Alberta ruled that police officers acting as Crown prosecutors — a practice used in both provinces — contradicts the Criminal Code of Canada". -Saskatoon Star Pheonix
All of Sunn’s positive endeavours contributed to Beaudin’s decision to nominate her for the Aboriginal Order of Canada. Beaudin is a delegate to the Congress of Aboriginal Peoples, a Canadian organization that represents Metis, off-reserve and non-treaty aboriginal people.“I just believe her contributions to the community were really positive. I just thought she deserved it,” Beaudin says. -Talking Straight
“This gathering was very important for our evolving relationship and we are looking to the province to support us in continuing to advance this good work,” said Kim Beaudin, AACS president in a news release. The AACS will facilitate an ongoing dialogue with Saskatoon police and provide an organizational structure where appropriate and effective next steps can take place. The meeting with the Saskatoon Police Service was initiated by AACS. -Saskatchewan Sage
Robert Bertrand -Elected National Chief Kim Beaudin -Elected National Vice Chief
Most people are not aware that the Supreme Court of Canada has declared in Daniels that Métis and non-status Indians are all “Indians” for the purposes of s. 91(24) of the Constitution Act, 1967. We are all “Indians” by virtue of the fact that we are all Aboriginal peoples and the term “Indians” has long been used as a general term referring to all Indigenous peoples.
"My intention is to restore a nation to nation and government to government relationship between the Michel Band and other disenfranchised nations, and the federal government. I have been a voice for Indigenous peoples all my adult life and I will continue to dedicate my time and energy to building a brighter future for all the forgotten peoples"-Kim Beaudin
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" It's about the Equality Of People" -Harry Daniels
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