News from around the Nations

FEDERAL COURT GRANTS RIGHTS TO MÉTIS, NON-STATUS INDIANS

January 8 - The Federal Court has ruled Metis and non-status Indians are indeed “Indians” under a section of the Constitution Act, and fall under federal jurisdiction. The decision helps to clarify the relationship between Ottawa and the more than 600,000 aboriginal people who live off-reserve. While the decision does not go so far as to declare that the federal government has a fiduciary responsibility to the group, it says such duties would flow automatically now that their standing has been clarified. The Congress of Aboriginal Peoples and several Metis 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.

OBAMA SIGNS H.R. 2467

On Thursday, December 20, 2012, President Obama signed into law H.R. 2467, the “Bridgeport Indian Colony Land Trust, Health, and Economic Development Act of 2012,” which transfers approximately 39 acres of Federal land in Mono County, California, currently managed by the Bureau of Land Management, into trust status for the benefit of the Bridgeport Indian Colony.

Official Summary:

Bridgeport Indian Colony Land Trust, Health, and Economic Development Act of 2012 - Declares approximately 39.36 acres of federal land in Mono County, California, to be held in trust by the United States for the benefit of the Bridgeport Indian Colony. Prohibits class II or III gaming from being conducted on such lands. Retains the responsibility of the Bureau of Land Management (BLM) for the oversight and renewal of all easements and rights-of-way with the Bridgeport Public Utility District that exist on the date of this Act’s enactment.