North Slave Metis Alliance files lawsuit
President Bill Enge argues agreement-in-principle signed by government and NWT Metis Nation is illegitimate
John McFadden
Northern News Services
Monday, September 14, 2015
NORTHWEST TERRITORIES
As promised earlier this summer, the North Slave Metis Alliance has now officially filed a lawsuit in federal court against the minister of Aboriginal Affairs and Northern Development, the Government of the Northwest Territories and several Metis organizations in the NWT.
The North Slave Metis Alliance (NSMA) has asked for a judicial review into its claims that a agreement-in-principle signed by the NWT Metis Alliance (NWTMA) with the two levels of government and finalized on July 31, is not legitimate because it was done without proper input from the North Slave Metis.
Also named in the lawsuit are the Fort Smith Metis Council, Hay River Metis Government
Council and the Fort Resolution Metis Council.
According to a news release from the Northwest Territory Metis Nation, issued earlier this summer, the agreement-in-principle allows all three governments to move forward toward a final agreement on lands and resources.
Bill Enge, president of the NSMA, filed the lawsuit, claiming several violations including a complete disregard of his organization during the negotiation process.
He added that his organization is not looking for money but an acceptable remedy to what he feels is an injustice.
"NSMA is not a member of the NWTMN. Members have never had their elected representatives invited to participate in the NWTMN ... negotiations and as a result NSMA members have had no meaningful input or participation in the negotiations of the agreement-in-principle of the final agreement envisioned by the NWTMA," the lawsuit stated.
Also at issue for Enge is the agreement's definition of "Metis".
"Canada and the GNWT advised that 'eligibility to be enrolled' under the final agreement would be based on a person's historical Cree, Slavey or Chipewyan ancestry to the South Slave region and would not be based on whether that person was ethnically a Metis of the Great Slave Lake area according to common law," the lawsuit stated.
"This definition is an Indian-based, Indian ancestry definition. It is not consistent with the laws of Canada and that's a problem for us," Enge told News/North earlier this summer.
He added that by doing that, the agreement ignores an important North Slave Metis Alliance court victory and claimed that the agreement is "nothing short of ethnic cleansing."
Meanwhile, the NSMA is not alone in its challenge to the agreement. The Katl'odeche First Nation (KFN) also fundamentally opposes the agreement and any final agreement stemming from it within the KFN primary traditional territory, according to a news release.
"KFN does not recognize the legitimacy of the Hay River Metis Government Council as a rights-bearing aboriginal organization," the release stated.
The Akaitcho chiefs have also reportedly voiced their opposition to the agreement and intend to fight it in court as well.
News/North asked Premier Bob McLeod and Aboriginal Affairs and Northern Development Minister Bernard Valcourt for a response to the lawsuit. In e-mails, spokespeople for both stated that they would not be commenting while the issue is before the court.
The lawsuit was filed in Vancouver on Aug. 26. It is not clear when or where it will be heard.
