Prime Minister Justin Trudeau and President Clément Chartier of the Métis National Council at the signing of the Canada-Métis Nation Accord in Ottawa on April 13, 2017.
Image from: https://www.rcaanc-cirnac.gc.ca/fra/1499711968320/1529105436687?wbdisable=true
Tansi Nîtôtemtik,
This week, ReconciliAction YEG highlighted topics in Métis governance. We have discussed how the Métis emerged as a distinct Indigenous nation and often asserted their right to remain a free people through political organization.[1] Political action is a deeply personal experience and source of empowerment for the Métis Nation as a whole, and continues to serve as a way to protect ka ishi pimaatishiyaahk (“our way of life”).[2] Today’s post delves into recent judicial and political developments and discusses the ongoing challenges in Métis self-governance and self-determination.
Case Law
Decisions out of the Supreme Court of Canada over the last 20 years recognizing and defining the relationship between the federal government and the Métis Nation laid the groundwork for recent progress in the Métis self-government agenda. Most significant are the three cases which have paved the way for current and future government-to-government negotiations, namely: R v Powley,[3] Manitoba Métis Federation Inc v Canada (Attorney General);[4] and Daniels v Canada (Indian Affairs and Northern Development).[5] While we did not have time to cover each of these cases in detail, useful summaries of the case law and information about their significance for Métis rights and governance can be found at the following links: R v Powley,[6] Manitoba Métis Federation Inc.,[7] and Daniels.[8] Together, the three cases achieved the following: confirmed that the Métis hold constitutionally protected rights;[9] pronounced that the Crown has historically failed to carry out its promises to the Métis and to protect Métis constitutional rights;[10] and clarified the federal government’s responsibility to the Métis under the constitution.[11]
Report of Ministerial Special Representative on Reconciliation with the Métis
In July of 2016, Ministerial Special Representative Thomas Isaac released the Report A Matter of National and Constitutional Import: Report of Minister’s Special Representative on Reconciliation with Métis: Section 35 Métis Rights and the Manitoba Metis Federation Decision.[12] The Report called “for a fundamental change in the mindsets of federal and provincial governments when dealing with Métis people and the Métis Nation.”[13] The central message is that “these governments and administrations have to start respecting the Métis as section 35 rights holders and to realign their attitudes and actions with this reality.”[14] The developments in case law on Métis rights along with the findings in the Special Representative’s Report played a role in the Canada-Métis Nation Accord which followed less than a year after the release of the Report. You can find the Special Representative’s Report here.[15]
The Canada-Métis Nation Accord
On April 13, 2017, the historic Canada-Métis Nation Accord was signed at the inaugural Métis-Nation Crown Summit in Ottawa.[16] The Accord was groundbreaking for both its recognition of the historical struggle of the Métis to remain ka tipemishoshik (the free people) and for the clear path it charted towards a “reconciliation between the Métis Nation and Canada through the implementation of Métis section 35 rights and the resolution of outstanding grievances.”[17] In facilitating the new relationship between Canada and the Métis National Council, the Accord created a permanent bilateral mechanism consisting of annual meetings between Métis leaders and the prime minister and provides for bilateral and quarterly meetings between Métis cabinet members and departmental officials.[18] Significantly, the accord “brings to an end 150 years of state denial regarding Métis constitutional rights and acknowledges the need to politically negotiate these rights on a government-to-government basis.”[19] The accord also confirms Canada’s commitment to a renewed relationship with the Métis National Council’s Governing Members in order to “further Métis self-government, while respecting Métis rights and ending the status quo.”[20]
The signing of the Accord represented “the culmination of the collective efforts of the Métis over the past century and a half to bring to life their inherent right to self-government and to force Canada’s hand in acknowledging and implementing this right”[21] and set the stage for the self-government agreements to follow two years later.
You can find the Canada-Métis Nation Accord here.[22]
The Canada-Métis Self-Government Agreements
On June 27, 2019, the federal government signed the first ever Métis self-governance agreements with the Métis Nation of Alberta, the Métis Nation – Saskatchewan, and the Provisional Council of the Métis Nation Ontario.[23] You can view the unsigned version of the self-government agreement between Canada and the Métis Nation of Alberta here.[24]
The deals stipulate annual fiscal transfers from the federal government, which are not open to renegotiation.[25] For Métis Nation of Alberta President Audrey Poitras the signing of the agreements represents the realization of 90 years of perseverance and struggle to see Louis Riel’s vision for Métis self-governance and independence become reality.[26] The agreements recognize Métis jurisdiction in core governance areas such as citizenship, leadership selection and government operations. The agreements also lay the groundwork for “negotiating additional areas of jurisdiction in the future.”[27] The coming days and months will demonstrate how each of the respective Métis Nation governments acts on their rights to self-government as they create their constitutions and begin the process of negotiating with Canada for additional areas of jurisdiction in achieving their ultimate goal of independence. To stay up to date on developments in self-governance in the Métis Nation of Alberta, please visit their website here.[28]
Métis Governments Moving Forward
Recently, the Métis Governments of Alberta, Ontario and Saskatchewan held a tri-council meeting in Edmonton, Alberta from January 14 to 16, 2020.[29] This was the first time elected representatives of the respective nations have assembled together since the signing of the self-government agreements with Canada in June of 2019.[30] The Tri-council delegates passed a resolution calling for more transparency and accountability from the Métis National Council as well as affirming that self-government and rights-related discussions and negotiations must be prioritized between Canada and Métis Governments.[31] A joint declaration was also passed, ensuring both the future collaboration of the governments in their negotiations with Canada and the continued development of the relationship of Métis Governments at the national level.[32] You can view the Joint Declaration here[33] and the Resolution here.[34]
Whatever lies ahead for the future of Canada-Métis Nation relations as the Métis assert their rights to self-government and self-determination, the Métis Nation’s ability to adapt to the circumstances at hand and to develop governance structures and processes necessary to meet the changing political and social climate will promise to play an important role in ensuring Canada fulfills its promise of reconciliation.
Until next time,
Team ReconciliAction YEG
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[1] Kelly Saunders & Janique Dubois, Métis Politics and Governance in Canada (Vancouver: UBC Press, 2019) at 125, 147 [Saunders & Dubois].
[2] Ibid at 147.
[3] 2003 SCC 43, online: CanLII <www.canlii.org/en/ca/scc/doc/2003/2003scc43/2003scc43.html?autocompleteStr=r%20v%20powley&autocompletePos=1> [R v Powley].
[4] 2013 SCC 14, online: CanLII <www.canlii.org/en/ca/scc/doc/2013/2013scc14/2013scc14.html?autocompleteStr=manitoba%20metis%20&autocompletePos=1> [Manitoba Métis Federation Inc].
[5] 2016 SCC 12, online: CanLII <www.canlii.org/en/ca/scc/doc/2016/2016scc12/2016scc12.html?autocompleteStr=daniels%20&autocompletePos=1> [Daniels].
[6] Jean Teillet, “R v Powley : A Summary of the Supreme Court of Canada Reasons for Judgment” (last visited 4 February 2020), online (pdf): Métis Nation of Alberta <www.albertametisgov.com/wp-content/uploads/2017/11/Summary-of-R-v-Powley.pdf>.
[7] Jean Teillet & Jason Madden “Manitoba Métis Federation v Canada (Attorney General): Understanding the Supreme Court of Canada’s Decision” (last visited 6 February 2020) online (pdf): Métis Nation of Alberta
, <www.albertametisgov.com/wp-content/uploads/2017/11/Summary-of-MMF-v-Canada.pdf>.
[8] Jason Madden et al, “Another Chapter in the Pursuit of Reconciliation and Redress: A Summary of Daniels v Canada at the Supreme Court of Canada (last visited 6 February 2020) online (pdf): Métis Nation of Alberta <www.albertametisgov.com/wp-content/uploads/2017/11/Summary-of-Daniels-v-Canada.pdf>.
[9] R v Powley, supra note 3.
[10] Manitoba Métis Federation Inc, supra note 4.
[11] Daniels, supra note 5.
[12] (14 June 2016), online (pdf): Manitoba Métis Federation <www.mmf.mb.ca/docs/isaac_report/isaac_report.pdf>.
[13] President Clément Chartier, “Métis Nation Welcomes Report of Ministerial Special Representative on Canada-Métis Nation Reconciliation” (21 July 2016), online: Métis Nation <www.metisnation.ca/index.php/news/metis-nation-welcomes-report-of-ministerial-special-representative-on-canada-metis-nation-reconciliation>.
[14] Ibid.
[15] Supra note 12.
[16] Justin Trudeau, Prime Minister of Canada, News Release, “The Prime Minister of Canada and President of the Métis National Council welcome the Signing of the Canada-Métis Nation Accord” (13 April 2017), online: <pm.gc.ca/en/news/news-releases/2017/04/13/prime-minister-canada-and-president-metis-national-council-welcome>.
[17] Saunders & Dubois, supra note 1 at 124-125.
[18] Ibid at 124-125.
[19] Ibid at 126.
[20] Ibid.
[21] Ibid at 125.
[22] Canada-Métis Nation Accord, (13 April 2017), online (pdf): Métis Nation <www.metisnation.ca/wp-content/uploads/2017/04/Canada-Métis-Nation-AccordEn.pdf>.
[23] Gloria Galloway, “Federal government signs first-ever Métis self-governance agreements” (27 June 2019), online: The Globe and Mail <www.theglobeandmail.com/politics/article-federal-government-signs-first-ever-metis-self-governance-agreements/>.
[24] Métis Government Recognition and Self-Government Agreement between Métis Nation of Alberta and Canada (unsigned), online (pdf): Métis Nation of Alberta <albertametis.com/wp-content/uploads/2019/06/2019-06-27-MNA-MGRSA-FINAL-to-be-posted-on-website.pdf>.
[25] Galloway, supra note 23.
[26] Ibid.
[27] Crown-Indigenous Relations and Northern Affairs, News Release, “Historic self-government agreements signed with the Métis Nation of Alberta, the Métis Nation of Ontario and the Métis Nation-Saskatchewan” (27 June 2019), online: Government of Canada <www.canada.ca/en/crown-indigenous-relations-northern-affairs/news/2019/06/historic-self-government-agreements-signed-with-the-metis-nation-of-alberta-the-metis-nation-of-ontario-and-the-metis-nation-saskatchewan.html>.
[28] Métis Nation of Alberta, (last visited 6 February 2020), online: <albertametis.com>.
[29] “Métis Governments Moving Forward” (17 January 2020), online: Métis Nation of Alberta <albertametis.com/2020/01/metis-governments-moving-forward/>.
[30] Ibid.
[31] Ibid.
[32] Ibid
[33] Joint Declaration: Métis Nation of Alberta Provincial Council, Métis Nation, Saskatchewan Provincial Métis Council, Provisional Council of the Métis Nation of Ontario, (16 January 2020), online: Métis Nation of Alberta <albertametis.com/wp-content/uploads/2020/01/JOINT-DECLARATION-MNA-MNS-MNO.pdf>.
[34] Resolution of Métis National Council: Métis Nation of Alberta Provincial Council, Métis Nation, Saskatchewan Provincial Métis Council, Provisional Council of the Métis Nation of Ontario, (16 January 2020), online: Métis Nation of Alberta <albertametis.com/wp-content/uploads/2020/01/MNC-RESOLUTION-by-MNA-MNS-MNO.pdf>.
