In Canada, the term non-status Indian (French: Indiens non inscrits)[nb 1] refers to any First Nations person who for whatever reason is not registered with the federal government, or is not registered to a band which signed a treaty with the Crown.
The 2013 Federal Court case Daniels v. Canada established that non-status Indians (and Métis) have the same aboriginal rights as status Indians, in that they are encompassed in the 1867 Constitution Act's language about "Indians".
[3] In 2016, the Supreme Court of Canada upheld the 2013 verdict after a subsequent appeal on the 2014 decision.
As a result, the federal government has jurisdiction and fiduciary duty over status Indians, non-status Indians, and Métis alike.
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