Court of Appeal upholds Metis rights
NWT Metis leaders celebrate decision
Laura Busch
Northern News Services
Published Monday, April 21 2014
NORTHWEST TERRITORIES
Metis Canadians scored a decisive victory April 17 in their ongoing fight for recognition of their aboriginal rights as the Federal Court of Appeal upheld an earlier ruling giving Metis Canadians rights under the Canadian Constitution.
"This is a good day to be Metis in Canada," said North Slave Metis President Bill Enge.
Canada vs. Daniels, a court case that originated in 1999, raised the issue of whether Metis are considered "Indians" under section 91(24) of the Constitution Act of 1867.
The ruling would put Metis on equal footing with First Nations and Inuit when it comes to access to services and programming from the federal Department of Aboriginal Affairs and Northern Development Canada (AANDC).
"This ruling, if it ever gets brought through the court system, first it would put us on par with programs and services and rights of all other First Nations and Inuit," said Wally Schumann, president of the Hay River Metis Council. "That means healthcare, education and other services - and that's going to cost the federal government a lot of money."
So far, the federal government has stood against the original ruling issued on Jan. 8, 2013, that added both Metis and non-status Indians to the legal definition of Indian, placing them under federal jurisdiction. The April 17 ruling on AANDC's appeal tossed out the section pertaining to non-status Indians, but upheld that Metis should be considered Indian as long as they meet three requirements - self-identification, ancestral connection and community acceptance.
The office of Bernard Valcourt - the minister in charge of AANDC - would not comment on whether or not the minister plans to appeal the decision again and take the issue to the country's highest court, nor disclose how much money the federal government has spent since these court proceedings began in 1999.
Valcourt's press secretary, Erica Meekes, provided News/North with the same statement that had been issued to other media throughout the day.
"Our priority is to create jobs, economic growth and long-term prosperity for all Canadians, including Metis. Given that the previous Federal Court decision raised complex legal issues, it was prudent for Canada to obtain a decision from a higher court.
"We are pleased that the court granted part of our appeal, and we are reviewing all elements of today's decision to determine next steps."
North and south of Great Slave Lake, members of Metis organizations are treated differently.
In the South Slave, the NWT Metis Nation is in the process of negotiating a land claim. Sixteen years into those negotiations, parties should be ready to sign an agreement in principal later this year, said Schumann.
"We are the only (Metis) group in Canada enrolled in a land claim negotiation and we're being recognized as a group that is treated pretty much equally to First Nations," he said.
However, when it comes to government consultation, Metis are continually treated as lesser than their First Nations counterparts and have had to fight for every bit of recognition they've received, said Schumann.
"We continue to have to fight for a seat at the table," he said.
Since the Dene-Metis land claim negotiations with the federal government fell apart in 1990, Metis living north of the lake have consolidated into their own group, the North Slave Metis Alliance, whose members face a very different reality from their brethren in the South Slave.
North Slave Metis are not recognized by the federal government, an issue that is currently before the courts. There are no land claim negotiations underway and, as a direct result, North Slave Metis have been shut out of most government discussions and were completely left out of the devolution agreement, said Enge.
In response, North Slave Metis have filed court case after court case asserting their aboriginal rights - as have several other Metis groups in Canada.
If the Government of Canada insists on forcing Metis to fight for their rights through litigation, "they are getting their wish," said Enge.
"Over the past 14 years, the Metis have been litigating steady in order to compel the Government of Canada to do the right thing," he said. "If they want to take a litigious route, we think that's wrong and we think that's a very unenlightened way to proceed, but nonetheless the Metis seem to be up to the challenge."
