Who We Are and Our Work on the Daniels Decision

The Congress of Aboriginal Peoples (CAP) is the national voice for Métis, non-status, and off-reserve Indigenous Peoples in Canada. For over 55 years, CAP has worked to advance the rights, recognition, and inclusion of Indigenous peoples who have too often been left out of federal policy, programs, and decision-making.

CAP was at the forefront of one of the most significant legal victories for these communities: the Daniels v. Canada decision. Beginning in 1999, CAP, alongside Harry Daniels and other plaintiffs, led a 17-year legal battle to challenge the longstanding jurisdictional ambiguity that left Métis and non-status Indians in a “policy vacuum,” with no clear government responsible for their needs . The Supreme Court of Canada’s 2016 ruling confirmed that Métis and non-status Indians fall under federal jurisdiction, establishing a critical legal foundation for recognition, engagement, and future negotiations.

Since the decision, CAP has continued to push for its full and meaningful implementation. While the ruling clarified responsibility, it did not automatically result in programs, services, or equitable access. CAP has worked consistently to close that gap by advocating for federal accountability, engaging governments in dialogue, and ensuring that Métis and non-status Indigenous peoples are included in policy development and funding decisions.

Building on decades of advocacy, CAP has advanced the conversation from legal recognition to practical change. This includes raising awareness of ongoing inequities in access to education, health, and social supports; challenging exclusionary policies tied to Indian status; and calling for inclusive approaches that reflect the realities of urban and off-reserve Indigenous populations. CAP has also continued to create spaces for engagement, bringing together leadership, community members, and partners to identify solutions and chart a path forward.

At the same time, CAP has worked to empower communities to understand and assert their rights not only through awareness, but through sustained advocacy and action. From launching the original case in 1999, to advancing it through multiple levels of court, to securing the landmark Supreme Court victory in 2016, CAP has been at the centre of every stage of the Daniels journey.

Since the decision, CAP has continued to build on that momentum by engaging governments, raising awareness of rights, and pushing for concrete policy and program changes that reflect federal responsibility. This ongoing work is grounded in the same persistence, leadership, and collective advocacy that made the Daniels Decision possible and continues to drive progress today

Nearly a decade after the Daniels Decision, CAP remains focused on turning legal recognition into lived reality. This means ensuring that federal responsibility translates into equitable programs and services, strengthening representation for off-reserve and non-status peoples, and advancing community-driven solutions that reflect the diversity of Indigenous identities across Canada.

The Daniels Decision was not the end of the journey, it was the beginning of a new chapter. CAP continues to lead that work, advocating for a future where all Indigenous peoples are recognized, included, and supported.