Harry Daniels

January 9, 2013

 Federal Court of Canada:

The Federal Court rules that Métis and non-status Indians are “Indians” within the meaning of s. 91(24) of the Constitution

Ottawa, January 8, 2013 – A decision was issued today by the Honourable Michael Phelan of the Federal Court in file T-2172-99:


Summary: The Plaintiffs ask the Court to issue the following declarations:

(a) that Métis and non-status Indians are “Indians” within the meaning of the expression “Indians and lands reserved for Indians” in s 91(24) of the Constitution Act, 1867;

(b) that the Queen (in right of Canada) owes a fiduciary duty to Métis and non-status Indians as Aboriginal people;

(c) that the Métis and non-status Indian peoples of Canada have the 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 their rights, interests and needs as Aboriginal peoples.

Upon review of the evidence on the record, the Court grants the declaration with respect to section 91(24); the other two declarations, ancillary in nature, are dismissed.

Full Judgement:  http://cas-ncr-nter03.cas-satj.gc.ca/rss/T-2172-99%20reasons%20jan-8-2013%20ENG.pdf 

CTV News on Harry Daniels –  http://www.ctvnews.ca/video?playlistId=1.1105234

CBC News on Harry Daniels – http://www.cbc.ca/news/politics/story/2013/01/08/pol-cp-metis-indians-federal-court-challenge.html

 St. Catherines Standard – Karena Walter
Jail overcrowding called ‘gong show’

The jails are so over-crowded that they create their own problems and inefficiencies. So says John Howard Society of Niagara Executive Director Jim Wells.  “It’s really a gong show.”  http://www.stcatharinesstandard.ca/2013/01/07/jail-overcrowding-called-gong-show

 Daily Report Law.com (US) – Zoe Tillman
Courts provide care for mentally ill

While there are over 2700 drug courts in the US, there are only about 300 mental health courts.  The author provides a description of the courts and how they work as well as the struggles they face. Somewhat like RJ, the courts have mostly been pre-occupied with minor offences and now are beginning to address violent offender cases.  http://www.dailyreportonline.com/PubArticleDRO.jsp?id=1202583783968&thepage=2

 CBC TV News
Animal killer Kayla Bourque released to live in Vancouver

These articles present very forcefully the problem for both treatment and prevention when no crime has yet been committed or when someone is released with the status of high risk offender.  There are forty-six conditions to the release of Kayla Bourque, a former criminology student at SFU, after conviction on animal cruelty that had implications and threats of homicide.    ‘While intelligent and articulate, she had a preoccupation for causing pain,’ says Judge Malcolm MacLean. http://www.cbc.ca/news/canada/british-columbia/story/2013/01/07/bc-kayla-bourque-released.html

Huffington Post – Camille Bains – Canadian Press
Kayla Bourque, Animal Killer, Plans To Live In Vancouver


 National Post –
B.C. Corrections issues warning as high-risk violent offender makes move to Vancouver


Toronto Star:  Nicholas Keung
Harsh house arrest conditions lifted against alleged terrorist Mohamed Mahjoub

Held without trial or even charge for almost a dozen years under a security certificate, a Federal Court has cited federal government failure “to demonstrate the necessity of the conditions that essentially placed Mohamed Zeki Mahjoub under 24-hour surveillance.”  In 2007, in a ruling around this same person, the Federal Court struck down provisions of the security certificate but Mahjoub was required to wear a tracking device and to follow other restrictions around communicating. http://www.thestar.com/news/canada/article/1312249–harsh-house-arrest-conditions-lifted-against-alleged-terrorist-mohamed-mahjoub