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Metis take their beefs to court

Derek Neary
Northern News Services

Fort Simpson (Nov 19/04) - Two Metis organizations accusing the federal government of discriminatory funding practices are proceeding with a legal challenge.

Having repeatedly been denied core funding by Ottawa, Metis Local 57 in Fort Providence and Metis Local 52 in Fort Simpson are pressing ahead with a judicial review in the Federal Court of Canada.

Federal policy recognizes some aboriginal communities as "bands," which allows them to access various government funding and programs. Metis organizations are not classified as bands, however.

The lack of funding means that internal consultations, attendance at meetings and reviews of important documents lag, according to Deh Cho Metis leaders. Therefore, sufficient direction on self-government negotiations cannot be provided on their behalf.

"Metis communities have suffered being disadvantaged, marginalized and not recognized," said Albert Lafferty, president of the Fort Providence Metis council. "I want to see us being treated fairly and that's not the case right now."

Marie Lafferty, president of the Fort Simpson Metis Nation, said "We are asking the Federal court to recognize this discrimination which seriously impairs our ability to provide services to our members."

Federal negotiator Robin Aitken said he knew of the original judicial review filed in June. On Monday he said he wasn't aware of the latest supplementary information recently submitted by the Metis, so he declined comment.

"Plus it's before the courts, so you know our policy on that," he said, referring questions to DIAND's regional office in Yellowknife.

Deb Bain, with DIAND's communications division in Yellowknife, said the program director who is familiar with the issue was unavailable until Wednesday, after the Drum's deadline.

"And some of those issues are being addressed in headquarters in Ottawa, so we're waiting for information to come from various sources," Bain said.

In the correspondence Lafferty has received from the government -- he's written to three different ministers of Indian Affairs -- he said there's never been any explanation for the disparity in funding.

"We don't see any reason for it. Clearly it's discrimination under the Charter of Rights and Freedoms," he said. "We had no recourse but to pursue that (in court)."

Chris Reid, legal counsel for the Dehcho First Nations (DFN), will be representing the Metis Locals in this case. The DFN has passed resolutions supporting the Metis in their quest.

The Fort Providence Metis Council represents close to 100 people, while the Fort Simpson Metis Nation consists of approximately 200 members.

Albert Lafferty said he hasn't been able to calculate how much money his organization would expect in core funding because he isn't privy to DIAND's funding numbers.

Barely functioning

To date, the Metis organizations have been functioning on a "very minimal" grant from the GNWT, accessing various sources for specific projects and by fundraising efforts, according to Albert Lafferty.

Funding for the court case has been obtained through the Charter Challenges Program of Canada, a federal program. He said a response from the courts is expected by spring or summer of next year.