Irkhin I.V. On the Question of the Constitutional Equality of Indigenous Peoples in Canada

Abstract: This article analyzes the constitution-legal basis of the status of indigenous peoples in Canada: Metis, Indians, Inuit. The legal status of First Nations is comprehensively examined upon a study of the federal legislation of Canada, acts of regional level. The importance of judicial practice in the implementation of the legal regulation of the status of indigenous peoples in Canada is emphasized. Legal approaches on which the identification of status and "no status" Indians is based are investigated. The facts of recognition by the courts of specific groups of the population of the legal status of First Nations, including the grounds of the main activities carried out (fishing) are given. Particular attention is paid to the specifics of legal regulation of the position of metis in the legal system of Canada. The thesis on the impact of the decision of the Federal Court of Ontario in the case of «Daniels» to ensure the constitutional equality of indigenous peoples are formulated. It is stated that the judgment "Daniels" is a sure step towards establishing of an environment based on the principles of respect and recognition of the equivalence of the legal status of the indigenous peoples of Canada.

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