Daniels: In and Beyond the Law

January 26-28, 2017

Lister Conference Centre University of Alberta

Conference Report and Summary

One Year Later

2

© 2018 Rupertsland Centre for Métis Research. All rights reserved. No part of this report may be reproduced, distributed, or transmitted in any form or by any means, including photocopying, recording, or other electronic or mechanical methods, without the prior written permission of the publisher, except in the case of brief quotations and certain other noncommercial uses permitted by copyright law. Requests for use shall be directed in writing to the Rupertsland Centre for Métis Research.

Rupertsland Centre for Métis Research (RCMR) Faculty of Native Studies 2-31 Pembina Hall, University of Alberta Edmonton, Alberta T6G 2H8 www.nativestudies.ualberta.ca/research/rupertsland-centre-for-metis-research [email protected]

Rupertsland Institute 1450-10060 Jasper Avenue, Scotia Tower 1 Edmonton, Alberta T5J 3R8 www.rupertsland.org

3

TABLE OF CONTENTS

INTRODUCTION 6

HISTORY & BACKGROUND TO DANIELS V. CANADA 6

DAY 1: JANUARY 26, 2017 11

KEYNOTE SPEAKER 1: DR. KIM TALLBEAR 11 KEYNOTE SPEAKER 2: DR. CHRIS ANDERSEN 12 QUESTIONS, ANSWERS & COMMENTS 13

DAY 2: JANUARY 27, 2017 16

WELCOME AND ELDER BLESSING 16 PANEL 1: DANIELS IN CONTEXT 16 TONY BELCOURT 16 ELMER GHOSTKEEPER 17 GABRIEL DANIELS 18 MARIA CAMPBELL 18 QUESTIONS, ANSWERS & COMMENTS 19 PANEL 2: POLITICAL RESPONSES 20 GERALD CUNNINGHAM 20 WILL GOODON 21 QUESTIONS, ANSWERS & COMMENTS 22 LUNCH KEYNOTE: THOMAS ISAAC 23 QUESTIONS, ANSWERS & COMMENTS 24 PANEL 3: PROMISES & PITFALLS OF DANIELS 24 DR. D’ARCY VERMETTE 24 DR. DARRYL LEROUX 25 DR. ADAM GAUDRY 26 QUESTIONS, ANSWERS, & COMMENTS 27 PANEL 4: JURISPRUDENTIAL CHALLENGES 28 DR. ERIC ADAMS 28 DR. CATHERINE BELL 30 PAUL SEAMAN 30 QUESTIONS, ANSWERS, & COMMENTS 31

DAY 3: JANUARY 28 2017 33

PANEL 5: ALL MY RELATIONS (IDENTITY AND INDIGENEITY) 33 DR. ROBERT INNES 33

4

HAROLD ROBINSON 34 RICK SMITH 34 JESSICA KOLOPENUK 35 QUESTIONS, ANSWERS, & COMMENTS 36 PANEL 6: MÉTIS REGISTRIES 37 DR. BRENDA MACDOUGALL 38 RYAN SHACKLETON 38 DR. MIKE EVANS 39 TRACEE MCFEETERS 39 QUESTIONS, ANSWERS, & COMMENTS 40 LUNCH KEYNOTE: BRENDA GUNN 41 QUESTIONS, ANSWERS & COMMENTS 42 PANEL 7: UNIVERSITY ADMISSIONS ROUNDTABLE 43 DANIELLE SOUCY 43 LISA COLLINS 43 VALERIE ARNAULT-PELLETIER 44 DR. ANDRÉ COSTOPOULOS 45 KARA PAUL 46 QUESTIONS, ANSWERS & COMMENTS 46 COMMUNITY FORUM 46 CLOSING ELDER BLESSING 48

CONCLUSION 48

GLOSSARY 49

TERMINOLOGY 49 TREATIES AND JURISPRUDENCE 49 ORGANIZATIONAL ABBREVIATIONS AND COMMISSIONS 51

RESOURCES AND LINKS 52

5 INTRODUCTION & BACKGROUND

consisted of two keynote speakers, while day 2 INTRODUCTION and 3 were full days, starting with two sessions in the morning, one following the The “Daniels: In and Beyond the Law” other, a keynote speaker over the lunch conference was held from January 26 – 28th period, and then two more sessions in the 2017 at Lister Centre on the University of afternoon, again, one following another. After Alberta campus in Edmonton, Alberta, each session community members were Canada. The conference brought scholars, encouraged to ask questions or express political leaders, researchers, and community themselves on issues raised by the panelists. members together to discuss the 2016 The final community forum allowed for Supreme Court of Canada’s decision in the audience members and participants to share case Daniels v. Canada (Indian and Northern their final thoughts with the group. Affairs). Fostering dialogue between community members, scholars and the public The Rupertsland Centre for Métis Research domain, topics of identity, politics, law, and (RCMR) planned, coordinated and hosted the belonging were covered. It was an opportunity event. RCMR was established in 2011 as an for discussion, networking, and further initiative between the Rupertsland Institute understanding of the issues, challenges, and and the University of Alberta. Housed in the successes around the case. Faculty of Native Studies, it serves as an academic research program focused on Métis issues. The goals and objectives of the research center focus on building provincial and national connections with the Métis community, building research capacity to advance Métis-specific research, and training and employing student researchers. Please

visit our website for more information, at: Overall, there was a total of 40 panel www.ualberta.ca/native- participants, and approximately 200 audience studies/research/rupertsland-centre-for-Métis- members in attendance over the course of 3 research. days. This report summarizes the presentation and discussion transcripts All photos are reproduced with permission by RCMR. recorded over the course of the conference. Direct quotes are printed in blue text throughout the whole document. HISTORY & BACKGROUND TO DANIELS V. CANADA The conference was both Livestreamed (see the Resources and Links section for more), The Métis have been a very important driving and live-tweeted in order to reach a larger force in Canadian history. The diversity of audience base. People from Canada, South their economic activities (more specifically America, Europe, and Asia tuned in online to around the buffalo trade) allowed for the watch the livestream, and many interacted development of main corridors for the with the Twitter posts. transportation of goods and the movement of services linking the north and west to the rest Overall, there were four keynote speakers, of Canada and the United States. They seven panel-based discussions, and a became indispensable partners in the community forum as the final exchange. Day 1 development of Western Canada as

6 INTRODUCTION & BACKGROUND entrepreneurs, labourers, interpreters, and Tomkins to sensitize Western provincial guides. The heartbeats of the Métis people, in governments, including the governments of their everyday lives and through their way of Alberta and Saskatchewan, to set aside land life, their knowledge of the land, their labour for the Métis. In Alberta, it led towards the and their political struggles, have undeniably creation of the Métis settlements in 1938. For left a great imprint on the history of Western these leaders, the Métis had inherent rights to Canada. As well, their independence and land, resources, education and health. resilience shaped the relationship they Influenced by Marxism, they denounced the developed with Canada. pernicious influence of colonialism for the Métis. It is important to note, however, that During the nineteenth century, the Métis the Métis nationalist movement of the 1930s expressed their nationalism in response to was primarily local and provincial, and that it increasingly invasive colonial structures in was not until the 1960s-1970s that the Métis order to protect their hunting rights, trade organized on the federal scene. rights and lands from Canadian expansionism. In the beginning, the Hudson’s In the late 1960s and early 1970s, the Métis Bay Company had no choice but to recognize shared a lack of political recognition at the Métis customary land-related practices (for federal level with non-status Indians. While example: long and narrow waterfront lots) as history, culture, and political aspirations well as their trading practices (free trade) differentiated the Métis from non-status because Indigenous people were in the Indians, both groups had a similar majority and the Métis were an important relationship with the Federal Government workforce for fur trade activities. With the which ultimately was inexistent. Both were massive arrival of new immigrants hungry for perceived as a provincial responsibility. Since lands, the balance of power started to shift they had negotiated the entry of Manitoba (especially in the 1870s and 1880s). into Confederation, Harry Daniels was very critical of this perception that the Métis were Nineteenth-century Métis nationalist events ‘citizens like any other’. In 1979, he eloquently (in 1869-1870 in Manitoba and 1885 in declared that “The government continues to Batoche, Saskatchewan) were part of a global feed us the 2 founding nations myth while protest movement against British (and by tossing in some Ukrainian Easter eggs, Italian extension Canadian) imperialism. Moreover, grapes, or Métis bannock for some extra all these nationalist expressions had a flavor”. common thread: the affirmation of rights concerning land and territory. Despite the differences between the Métis and non-status Indians, the two groups joined Despite the pauperization and fragmentation forces in 1970 and formed the Native Council of the Métis nation's population after 1885 of Canada (NCC). By giving themselves a (more specifically after the hanging of Louis national voice, the Métis could put pressure on Riel on November 16, 1885), the struggle for the Government of Canada to be included in the recognition of rights continued into the benefit programs that were available to other twentieth century. The death of Louis Riel Aboriginal peoples. Historical events, certainly weakened their claims, but the Métis especially the Métis resistances of 1869-1870 did not forget why they fought. The Great and then of 1885, had aggravated the Depression of the 1930s, however, spawned a relations with Ottawa since the Federal nationalist revival that led some activists such Government considered that the Métis as Jim Brady, Malcom Norris and Peter

7 INTRODUCTION & BACKGROUND question "had been settled with the hanging of Maria Campbell describes him as Louis Riel". such a crazy, beautiful man, who As Tony Belcourt told the audience during the loved conferences that were full of conference, laughter, passion and politics. And if he was the centre of that, he loved We needed to get Ottawa to pay it even better. […] He loved to debate, attention to these needs and to and believe me, you had better be a provide programs and services. We good critical thinker if you were desperately needed help for health, spending time with him […] Later in for housing, and for education. We his life, he would probably be saw that avenue through [section] wearing a $1000 pinstripe suit, 91(24). We took the position that we looking like an old 1930’s outlaw. were Indians, for the purposes of Back in the 60’s, he would have that Act. For the purposes of the walked in with his neatly-pressed Federal Government to legislate for blue jeans, cowboy boots, all polished us and to take a responsibility. and shiny, and his black hat tipped back just so on top of his long, curly Even after the Métis were recognized in the hair. Constitution Act, 1982 as one of the Aboriginal peoples of Canada, the Federal Government For Murray Hamilton, a friend of Maria continued to exclude them from programs and Campbell, “Harry wanted to finish the work from any processes to address Métis land Riel started in 1870 that was to determine settlements. The Métis, under the leadership what the relationship would be between Métis of Harry Daniels, had no choice but to bring and the Canadian state.” their grievances to court. Daniels v. Canada (Indian Affairs and Harry Daniels was undeniably a very Northern Development) (herein Daniels, or the charismatic figure. Born in Regina Beach, Daniels case, or the Daniels decision) is a case Saskatchewan in 1940, Harry Daniels was that was brought to the Supreme Court of very proud of his Métis heritage. He loved Canada by Harry Daniels, Gabriel Daniels, to express himself in the Michif language and Leah Gardner, Terry Joudrey, and the loved to jig. In the 1970s and 1980s, he Congress of Aboriginal Peoples (CAP) in 1999, worked tirelessly in the Aboriginal political with the final decision made by the Supreme arena fighting for the rights of Aboriginal Court in 2016. They asked for 3 declarations: people. In the 1970s, he held leadership roles in the Saskatchewan Métis Society, the Métis 1. that Métis and non-status Indians are Association of Alberta, and the NCC, which “Indians” under s. 91(24) of later became the Congress of Aboriginal the Constitution Act, 1867 Peoples. The NCC was the first national 2. that the federal Crown owes a organization to represent Métis and non- fiduciary duty to Métis and non-status status Indians. He became its president in Indians 1976 until 1981. During the national 3. that Métis and non-status Indians constitutional negotiations in the 1980s, he have the right to be consulted and played a leading role in guaranteeing the negotiated with inclusion of Métis among Canada's Aboriginal people in the Constitution Act, 1982. To start with, section 91(24) of the Constitution Act (1867) states that the

8 INTRODUCTION & BACKGROUND

Canadian Federal Government has authority over all Aboriginal peoples. The term Indian in this section included all Aboriginal peoples within the Canadian territory. While this would unquestionably include First Nations and Inuit, there has been concern that Métis and non-status Indians have been left in limbo between provincial and federal government responsibility.

In the final decision, only the first declaration was passed, as the second and third were considered already covered by law (discussed further in Panel 4 presentations), meaning that the Métis fall under federal jurisdiction.

However, there have been unanticipated outcomes from this decision. The judge’s final ruling used terminology that opened up the RCMR hopes you will enjoy the reading! possibility for individuals to claim Métis heritage without ancestral connections to a ∞ Métis community (discussed further in Panel 3 and Panel 5 presentations).

Inclusion in section 91(24) means that Métis and non-status Indians are under the jurisdiction of the Federal Government, and may now have better access to resources and funding. It is important to note, however, that provincial agreements that have been previously established with the Métis are still valid and must continue to be honored.

The goal of this conference was to analyze the political and the social ramifications of the Daniels case. The academics, the politicians, and the community members provided very rich and pertinent analysis and commentaries that deepened our understanding of the Daniels case, opening up possibilities for further dialogues and analysis.

This report provides a plain language document to people who could not come to the conference and to those who came but would like to re-immerse themselves into the ideas, the analysis and the debates developed during the conference.

9

DAY 1: KEYNOTE SPEAKERS

DAY 1: JANUARY 26, 2017 Recent circumstances have led to an increase of white people attempting to claim Facilitated by the Director for the RCMR, Dr. indigeneity in Canada and the United States Nathalie Kermoal, the opening session based on biology rather than collective welcomed Maria Campbell as Elder for an culture. Over recent years, more and more introductory blessing. individuals are looking to locate an Indian in their familial ancestry, often based on mixed- Dr. Chris Andersen, Dean of the Faculty of ancestry stories that they have heard from Native Studies at the University of Alberta others. said a few words of welcome, followed by Audrey Poitras, President of the Métis Nation Whites have harnessed the power to define of Alberta. racial definitions. They have done this by establishing white-black categories within The session kicked off with two keynote society to increase their own benefits, speakers to set up the weekend’s talks and ultimately attempting to assimilate white introduce audience members to the context of Indians in order to manipulate land the conference. ownership and claims.

KEYNOTE SPEAKER 1: DR. KIM They are doing, with our TALLBEAR biological resources today, what they have been trying to do with Dr. Kim TallBear is an Associate Professor at our land and other resources for the Faculty of Native Studies and the Canada the last couple of hundred years. Research Chair in Indigenous Peoples, Basing identity on DNA alone allows settlers Technoscience to control history, cutting out Indigenous and the people’s own definitions, thereby perpetuating Environment colonialist acts. Claiming Indian ancestry, at the that is, “playing Indian”, highlights a white University of North American identity crisis. In the United Alberta. She States people claim to have Cherokee great- is the author grandmothers from fictitious tribes, while in of North Canada people are inaccurately claiming American Métis status, believing it to be a basic mixture DNA: Tribal of European and Indigenous heritage. Belonging and False Promise of Genetic Science, and works with the University of Two recent controversies over falsely claimed Illinois Institute for Genomic Biology. She is a identities are relevant to this discussion: member of the Wahpeton Oyate in South scholar Andrea Smith in the United States Dakota. claiming Cherokee ancestry (a story that raised similar concerns to those raised around Kim’s talk focused on the inadequacies of Rachel Dolezal and her fictitious black attaching indigeneity to blood quantum. heritage), and Joseph Boyden here in Canada ∞ who has claimed membership with various communities (including Ojibway, Métis, and Molecular Death and Redface Mi’kmaq). Unfortunately, in both cases there Reincarnation: Indigenous Appropriation are far-reaching consequences to these shaky in the U.S. and Canada claims, and a genuine concern for

11 DAY 1: KEYNOTE SPEAKERS transparency from within Indigenous Courts and laws are seen as roadmaps, that communities. is, they lay the foundation for future decision- making. Consider how the Powley case from The ability for those in power to dispossess 2003 has impacted subsequent court decisions, others of resources, and now DNA, is why and Métis-government relations. Courtroom these issues matter. By ignoring challenges to decisions, however, are rarely straight- their false claims, these individuals are forward blueprints for future cases. Issues get missing the point that Indigenous groups are translated from a social to legal arena, then trying to make. Society needs to reach a point back into society. These court decisions are where blood ancestry does not carry so much considered by many to be indisputable, rather weight for claims to identity. than influenced by things such as colonialism, racism, and power. The role of lived relations should be emphasized, not genetics alone, as a key to For people who work with legal issues, their identity. The role of blood and DNA certainly roadmaps can be courts and laws. However, matters, but the connections that are held to for people who are not regularly involved with everything around us make the difference. courts and law, they instead end up seeing a colouring book: one where each person chooses Perhaps instead of we are what their own colours and interprets the image as we were, we should consider that they see fit. People bring their own meanings we are what we become. to these decisions, and sometimes people in leadership positions produce ideas that were KEYNOTE SPEAKER 2: DR. never intended by the court. These outcomes CHRIS ANDERSEN can be difficult to control, especially in places like universities. The second keynote speaker to kick off the conference was Dr. Chris Andersen, a Métis It becomes interesting to think from Saskatchewan, and at the time of the about the way in which people conference, the interim Dean of the Faculty of who evidently know little about Native Studies at the University of Alberta. law or jurisprudence still become He was also previously Director for the very heavily invested in what they Rupertsland Centre for Métis Research. Chris think a particular court decision has published a booked called Métis: Race, has to say. Recognition, and the Struggle for Indigenous Peoples, as well as being the editor of a Essentially, scholarly journal Aboriginal Policy Studies. individuals see a He is now a member of the Royal Society of reflection of Canada’s College of New Scholars, Artists, themselves within and Scientists. court reports, so they begin what Chris’s talk focused on interpretations of Chris calls “self- identity and the law. making”: imagining ways in which the ∞ report plays into Daniels v. Canada, beyond oneself and one’s jurisprudential interpretations: what to relationships. The do when the horse has left the barn comments around identity that were made on

12 DAY 1: KEYNOTE SPEAKERS social media after the Daniels decision Databases and archival sources have provided demonstrated this. This sudden construction access to resources for people in communities, of identity was not an intended consequence of which has been a great tool for those who are the Daniels decision, but, as Chris puts it, “the interested in learning more about their family horse ha[d] left the barn by that point”. In and community relationships. However, “inert other words, we cannot control how others self-making”, as in the use of these resources interpret court statements. by people who are unconnected by these types relationships, and who are able to pick and Self-making and identity have two distinct choose the information that they favour, is features in modern times: how individuals concerning. self-identify (refer back to Kim TallBear’s discussion on Andrea Smith and Joseph According to the Métis Federation of Canada, Boyden), and how identity can be something the Daniels decision meant that Métis could that you can become. While researching his be identified all over Canada linking to book, Chris spoke to many people who identify families as far back as 1644: find the as Métis when they are in fact not: self- documentation, send it in, and claim your new identification based on family stories rather identity. Beyond archives and databases, this than community relationships, or identity inert self-making is highlighted by DNA based on what somebody wants to become, claims of identity, a theme that will be what he calls “white possessiveness”. discussed in detail later in the conference.

The important thing to think about is that identity is not just QUESTIONS, ANSWERS & about who you claim to be, but it’s COMMENTS also about who claims you back. Audience Member: In some of the There is ultimately a question of ethics around communities I work with in Northern Alberta, claims that are not reciprocated. There are of what we are seeing a lot of now are Métis course individuals who are legitimately people who became First Nations either seeking identity due to lost family through Bill C-31 or Bill C-3, and now they connections, but this cannot be the foundation are finding that their children can no longer to dismissing conversations around self- qualify to be First Nations and so they are identity and the importance of community applying to get back their Métis status relationships. Belonging is an important generations down the line. What are your element to the conversation. Powley presented thoughts about that and where they fit in this a three-point test for Métis identification: whole big mix of things?

1. Self-identification as a Métis Chris Andersen (Response): People can 2. Proven connection to an historic Métis claim to have dual citizenship with both First community Nations and Métis, but if people are claiming 3. Acceptance by a current Métis citizenship to maximize personal benefit, community “double dipping”, then it becomes an issue around the disconnect between those two legal When courts remove the need for community decisions, which can split families into acceptance, as they did in the Daniels case, different legal categories. There is a difference they remove the importance of community between culture and legal constructions, claims on individuals- a key to accountability making these issues more complex. and Indigenous identity.

13 DAY 1: KEYNOTE SPEAKERS

Walter, Grande Prairie: How do you see our don’t like you, will they still recognize who you identity being defined… in a way that people are? can hold onto as time goes on, even as… negotiations take place with the Federal Métis Councillor, Buffalo Lake: There are Government? What would be a good way to many people like Joseph Boyden in deal with it? communities across Canada. There seems to be a set of standards, but there is also a sense Chris Andersen (R): There’s no way to know of transition in identity and in how people what identity will look like in the future, but self-identify. it’s not up to the courts to validate people’s sense of Indigenous identity. Only family Lorne Ladouceur, Buffalo Lake Métis members can do this. Court cases can Settlement: The Daniels decision is bound to certainly have intergenerational impacts, but affect settlements, and how communities will it’s not for courts to make that defining identify individuals as Métis. Self-identity decision. Whatever changes occur, so long as may not work because of people shifting their it’s community-driven then it should be a self-identity. What evidence is needed to prove positive move forward. being Métis?

Jack Boucher, Buffalo Lake Métis Chris Andersen (R): The issue is less about Settlement: With regard to the cases that proving identity, but more about proving have been won, we can look at it as an membership, which will be a continued evolution of Métis-ism throughout the land. necessity. What is hoped to be gained with regards to the Joe, Buffalo Lake Métis Settlement: [Joe, evolution of Métis-ism, the way it is now? who knew Harry Daniels, spoke of his past Chris Andersen (R): The Métis community work with Métis and Aboriginal peoples chose to use courts as a tool to ‘gain means researching identity through consultation.] and concession’. The construction of identity Frustrations have arisen around the that comes out of courts has never spoken to government’s power to make these decisions me, or cast a reflection of my own Métis family for people. Being Indian has been a and lived experiences. disadvantage for many, and so many (Métis) declared themselves white when they could. Jack Boucher, Buffalo Lake Métis Young girls from residential schools would be Settlement: There is ambiguity around sent away to become wives, losing the Indian requirements for card-carrying members from in them over time; their descendants are several communities (Alberta Métis, Manitoba fighting (since Bill C-31) to claim Métis Métis, and Treaty card). We need to figure out heritage. Discussions around Métis identity how to unify these requirements. and heritage have been going on for many decades. Perhaps what’s needed is for us to go Darlene St. Jean: In light of the Daniels back into the country. decision and the protection of Parliamentary sovereignty, if the community shuns and Marilyn Buffalo took a moment to speak alienates an individual member, are they no during this discussion segment, and gave longer considered Métis? acknowledgement to her late brother, Harry Daniels. She spoke of her grandfather Joe Chris Andersen (R): It isn’t about whether Dion, a founding member of the Métis communities accept people, but whether they settlements of Alberta; her paternal recognize people as members. Even if they grandfather, John Tootoosis, dedicated his life

14 DAY 1: KEYNOTE SPEAKERS to advocacy and treaty rights. Marilyn spoke of her strong and supportive upbringing, and how this is something that is missing now from communities. We have to restore and bring our children back to cultures. There is a genuine need to pass on traditional knowledge that the youth are lacking.

∞

That concluded the opening talks. There was a reception afterwards to facilitate further conversation and networking.

15 DAY 2: PANELS & LUNCH KEYNOTE

both organizations. His work helped shape DAY 2: JANUARY 27, 2017 recognition of Métis in the The day’s sessions focused more on the Constitution Act political side of the Daniels decision, and the of 1982, he context in which it came about through four contributed to panel discussions and one keynote speaker. Meech Lake, and he advocated in WELCOME AND ELDER BLESSING the R. v. Powley Supreme Court of The morning started with a blessing by Elmer Canada decision. Ghostkeeper. He had the group stand for a Among many prayer that was delivered in the Michif other awards, Tony was named as an Officer language. of the Order of Canada in 2013.

PANEL 1: DANIELS IN CONTEXT ∞

What brought it on- and did we get what Participants: Dr. Nathalie Kermoal (moderator) we wanted? Tony Belcourt Elmer Ghostkeeper Tony began with a short anecdote about Harry Gabriel Daniels Daniels in recognition of the great man. Maria Campbell

The first panel was introduced and moderated His presentation connected to the Daniels case by Dr. Nathalie Kermoal. The session would from a personal perspective- that is, growing help contextualize the court decision, as well up and being very active in the Métis as talk about the work of Harry Daniels. community, before the Constitution Act of Panelists had a close connection to Harry and 1982. Federal recognition of Treaty and his work, and so were brought together to Aboriginal rights were not acknowledged back recollect those times and the efforts that have then. gone into Aboriginal rights over the last Throughout the 1960s, he was heavily several decades. involved with Métis rights. Learning more about government responsibility through the Constitution Act 1867, and federal and provincial powers, he recognized in section 91(24) that federal responsibility included Indians and lands. There had been a 1939 Supreme Court case, R. v. Eskimo, where Quebec had succeeded in telling the Federal Government that the Eskimos (now Inuit) of Northern Quebec were Indians and therefore TONY BELCOURT fell under federal jurisdiction. The Supreme Court of Canada agreed. Seeing this, Tony Tony Belcourt has long been a Métis leader realized that the way forward for the Métis and activist. Born at Lac Ste. Anne in Alberta, was to approach Ottawa through that window he founded both the Native Council of Canada of section 91(24). and the Métis Nation of Ontario, serving on

16 DAY 2: PANELS & LUNCH KEYNOTE

He and other Métis leaders established a plan Aboriginal peoples in Canada. He continues to to create an organization based in Ottawa: work in community service roles. The Native Council of Canada, representing both Métis and non-status Indians. Priority Elmer and Harry issues for the organization would include Daniels were both lands, poverty, racism, and housing. Section leaders on 91(24) was identified as a way to provide Aboriginal rights support for these problems. in federal and provincial settings Difficulties arose while advocating for the back in the day. cause- issues like securing funds, challenging They travelled people’s perspectives, and meeting with around to New decision-makers. During a conversation about Zealand and the availability of federal resources for Australia learning Indians, with a representative from the more about the government structures of National Indian Brotherhood, Tony observed: other mixed cultures. Ottawa is not a loaf of bread. Ottawa is a bakery. And you’re not getting your fair share. ∞ And we’re not getting anything. Threading the Constitutional Needle with Recognition under section 91(24) was vital to the Sinew of Métis Land and Métis Nation the work being done, and getting Government representation within the federal Department In the early 20th century, the Métis were left of Indian and Northern Affairs seemed to be in a precarious position- living on road the best route. The Federal Government allowance and public lands, with poor health continued to fight back, refuting legal and housing. Community members came responsibility over the Métis despite together, establishing what would build into recognition in the Constitution. Métis nationalism and organization- creating Harry had no choice but to take a collective constitution. At its heart was land, the Federal Government to court. governance, and economic & social growth. Did we succeed and did we get In the 1930s the Ewing Commission was what we want? Not yet, but the established by the provincial government to opportunity is there… [The] respond to growing Métis pressure. Land was Daniels decision is a critical sought to satisfy resource needs, and with a catalyst for us eventually getting change in provincial government came the what we want. Métis Population Betterment Act. Whether this constitutes a Métis treaty, as an agreement ELMER GHOSTKEEPER between the Crown and its people, is still under debate. Elmer Ghostkeeper was born on the Paddle Prairie Métis Settlement, and went on to get a The provincial government gained Master of Arts degree from the University of responsibility for the Métis people, and as Alberta. He was elected into several Métis such, the Betterment Act can be considered leadership roles, and as such was a part of the legally-binding, according to Elmer. It was negotiations to have Métis recognized as negotiated and agreed upon under both

17 DAY 2: PANELS & LUNCH KEYNOTE

English and Cree understandings of and we don’t need to do their partnership. work for them.

The Daniels decision does not make Métis During the Supreme Court hearing, there Indians, as they continue to be a distinct were Métis there who were intervening, going culture with distinct treaty rights. against this idea of trying to bring people together, to make the communities better. The decision does not invalidate Métis provincial legislation, and Gabriel explained that his name was attached confirms that the Crown owes a to the case as a way to fulfil his father’s fiduciary right to Métis and the legacy- to negotiate for land and to bring right to be consulted and people together. We are more than the Red accommodated. River.

During negotiations to establish Métis as Aboriginal peoples, there was an attempt to legally define who the Métis were. The leaders involved were quick to put a stop to that. There is no question that we know who we are. The Daniels decision, then, is about bringing the Crown to the table for negotiations on Métis land claims. MARIA CAMPBELL GABRIEL DANIELS An accomplished author, playwright, filmmaker and researcher, Maria Campbell Gabriel Daniel’s presentation started out with an acknowledgement to his father, Harry has worked in areas of violence against Daniels, and to those who were on the panel women and children, and works for the Centre and knew the great man. for World Indigenous Law at the University of Saskatchewan. She has numerous elite ∞ awards, including as an Officer of the Order of Canada. Harry Daniels and the Daniels case: A son’s perspective on the man, his legacy ∞ and vision for a united Métis Nation Opening her presentation with heartfelt words Despite his work gaining recognition in the about Harry Daniels, Maria spoke on the Constitution Harry Daniels never felt it was importance of family connections during their enough, so Gabriel was more than willing to time advocating and building support while step in after Harry’s passing, knowing what it working for the Métis Association of Alberta in meant in terms of uniting the Métis people. the 1960s. There are challenges to unification now, as people are discriminating against others based Maria shared personal stories from her past, on Red River heritage. Communities should be such as her first encounter with Harry on the day she was fired from her job; Harry had more welcoming. been hired as her replacement. In … the government does a good astonishment, his great generosity and enough job of keeping us apart kindness was exemplified when he chose to

18 DAY 2: PANELS & LUNCH KEYNOTE share his pay with Maria until she found Dan Cardinal, VP with Region 1: What further work. does section 91(24) mean for the Métis people? Questions are developing in the north about Leadership is not the application of this section to the people. an easy task, and Harry did so much Tony Belcourt (R): Recognition as an for the communities individual in need of federal social services is while his family one thing, but recognition as an entire people dealt with a lot of who have been ignored is quite another. Land challenges. is a very important priority in future Gratitude to them agreements and negotiations, as is self- should not be governance, and these will be brought to the forgotten. Harry table. was a natural leader, along with many of the other great Gabriel Daniels (R): It comes down to land. men during that time who were fighting hard With section 91(24), the Federal Government to obtain lands that could be called their own. has a legal obligation to listen.

The desire and need for land has long been Kim Beaudin, VP of the Congress of discussed among Métis, above that of identity. Aboriginal Peoples: Only a few mentions But, what is wrong with many tribes? There is have been made about non-status Indians, but Métis from Red River, but what is wrong with they cannot be forgotten or ignored. There are Métis from someplace else? Identity is about too many attempts to divide everybody lived-experience, and community; living off already. the land. People need to stop thinking in Tony Belcourt (R): My work has been colonial, Western, terms. representative of non-Status Indians in the past, but there were difficulties in trying to QUESTIONS, ANSWERS & work for Métis and non-Status Indians at the COMMENTS same time. It seemed better to split in order to focus on the unique needs and demands of Lorne Ladouceur, Buffalo Lake Métis each group. There were enough Métis Settlement: Learning more about the history organizations in Canada to get the attention shows that Harry and his friends were like of the Federal Government. Those who are Louis Riel: passionate and kind. We are all non-Status need to do the same: be clear about Métis, and it does not just go from the Red who they are and what they want to discuss. River Manitoba. We can’t let the government weaken our own communities. It’s about, as Indigenous people, what is rightfully ours. And what Gabriel Daniels (Response): Relying on we want to leave for future strict regional criteria is not helpful. But there generations. So, we work together does need to be particular guidelines to avoid to help each other, but we have to more cases like Joseph Boyden. be clear about who we are, what we want, and who we represent Lorne Ladouceur: If you have North and establish our legitimacy. American Indian and European blood, you are Métis. Elmer Ghostkeeper (R): There is a long history to political division. During

19 DAY 2: PANELS & LUNCH KEYNOTE negotiations of section 35 with federal organized and start talking, rather than ministers there were 2 seats each allotted to pointing fingers and forming a hierarchy of Indian, Inuit and Métis representatives. The Métis-ness. Native Council of Canada had recently undergone internal changes, resulting in a Garry Bailey, NWT Métis Nation: We are non-Status President and Vice President. Métis, and we recognize our ancestry. Daniels These individuals were going to be sitting in is limited to programs and services, but as Métis representatives, so the Métis chose to getting land can come through Métis identity start a new organization, eventually becoming as Aboriginal peoples. Métis was a title given the Métis National Council, a group that truly by the government (rather than the more represented the Métis at constitutional talks. commonly used term “half-breed”). It’s good to hear what people are saying here, that we are Maria Campbell (R): There have long been all one, whether you are tied to Louis Riel or treaties between Aboriginal groups as a way of Red River or not. Bottom line, we are Métis working together and supporting each other people. as Indigenous peoples on particular issues. But, PANEL 2: POLITICAL RESPONSES

I believe that Métis people have to Participants: Dr. Shalene Jobin (moderator) be alone in an organization, just Gerald Cunningham like I believe that non-status Will Goodon Indians need to organize and speak for themselves… I also The second panel was introduced by Dr. think that’s true of First Nations Shalene Jobin, Associate Professor at the people. But I also believe that Faculty of Native Studies at the University of there are some things today- like Alberta. Margaret Froh, President of the the suicides in our communities Métis Nation of Ontario, had been scheduled and the missing and murdered as a contributor to this panel but was unable Aboriginal women… that we to make it in the end. should all stand up together on The session would speak to the political and speak against. responses to the Daniels decision, and how Canada broke up families to try and deal with political leaders can use it to move forward on Indigenous people. Resources that could go to issues like land claims. communities gets lost when there’s in- fighting. The youth should be communicating GERALD CUNNINGHAM with the older generation to learn histories and to find paths. We have wasted so much Métisland: Métis Settlements and the money on lawyers and taking each other to Daniels Decision court that it just makes you crazy. We could Gerald Cunningham is the President of the have bought our land by now. That is what Métis Settlements General Council (MSGC). Harry and Louis were working on. Daniels He has long been a leader in his community. says that the Métis are now Indians, and can negotiate for land. This presentation focused on the MSGC’s involvement in the court case, and its role Gabriel Daniels (R): Nobody should be left going forward to advance Métis rights. out, and this case ensures that. There is an immediate need now for people to get

20 DAY 2: PANELS & LUNCH KEYNOTE

∞ case to try and advance ideas around guarding the validity of provincial legislation, The presentation began with a brief history of preventing too narrow a definition of Métis, the Métis and Métis rights to define themselves. The Settlements: Council’s top priority is to recognize and families protect lands, and this decision provides going west opportunities for engagement. after the Battle of As the important work is done to Batoche and determine the outcome of Daniels, setting up it should not be forgotten that the colony of St. Paul in Alberta. Officials, real people are impacted in real however, declared the colony a failure. Métis ways. families were considered unable to adapt to agricultural development, and so the lands The Daniels decision does not strip or create were made public for homesteading. The Métis Métis identity, but gives Canada primary were forced out and many became Road jurisdiction on Métis issues. The Métis Allowance People. Individuals began to Settlements General Council is the only organize, and by the 1930s the Métis political body uniquely representing Alberta Association of Alberta and the Northwest had Métis settlement land, though efforts are been created to represent the Métis and their being made to increase consultation and demands. partnership with off-settlement Métis organizations on common issues. Hopefully The efforts of these individuals, notably the the Crown honors its commitment to a Famous Five, helped lead to the government renewed relationship with all Indigenous of Alberta’s Ewing Commission, addressing peoples, equally. some of the issues that affected the Métis populations. After that came the Métis WILL GOODON Betterment Act, which resulted in some improvements, but provided no protection for Elected to the Métis government and working lands. with the Manitoba Métis Federation (MMF), Will Goodon became a provincial board After four colonies were taken back by the member for the southwest region. government, political leaders set up the Alberta Federation of Métis Settlements to With a uniquely Manitoban perspective, Will negotiate agreements between the Métis and spoke about the legal and political context of the Alberta Government. the Daniels decision.

Throughout our unique history, ∞ gifted to us by our ancestors, we have always pursued our goals of How Daniels relates to MMF land claims, and autonomy, self-reliance and self- how the Powley case plays into this, are government. important both legally and politically. However, there are and have been many cases The Daniels decision is a great and agreements that have been happening accomplishment for Métis and Indigenous around these issues too, including the peoples in Canada. The Métis Settlements Kelowna Accord, UNDRIP, TRC, and the General Council intervened during the court Manitoba Métis Policy, among others. Terms

21 DAY 2: PANELS & LUNCH KEYNOTE like “partner” and “reconciliation” have problems with the election process. Métis become common language in these documents, organizations in Alberta just aren’t working but there is a serious division in these together well enough to represent everybody. relations between the Manitoba Métis and the Crown. Blake Desjarlais, Métis Settlements General Council: Democracy is a challenge, Section 91(24) is about the Crown’s and organizations are working on these issues. relationship with Canada’s Aboriginal people, We want to be able to protect our land and our and even the Daniels decision stated that local economic self-sufficiencies, and our local autonomy. And what that means… is finding it would be constitutionally structures that can support those goals. Work anomalous for the Métis to be the is being done to empower settlement members only Aboriginal people to be in areas that matter to them. recognized in section 35 yet excluded from 91(24). Bill Enge, President of North Slave Lake Alliance: A thank you is due to Harry Daniels Métis are distinct, and Métis of the Red River and his work, and people like Tony Belcourt, Settlement are a distinct community. and Will Goodon who deliberately challenged the Canadian government on Métis hunting So, from a Manitoba perspective, Daniels rights. There is a current land claim means that Canada holds jurisdiction and negotiation going on between the MMF and responsibility over Métis issues. The MMF is the Crown for 1 million acres of land. What working hard on negotiations, as are other grounds is the Crown basing their Métis groups in other provinces. These are negotiations on (e.g. Aboriginal Title)? From important. We need to ensure the current Daniels, the Crown has a duty to negotiate Liberal government of Canada is including the with Métis on land, but it’s unclear on what Métis Nation as a unique group for future basis they are doing this. negotiations. Will Goodon (Response): Negotiations are QUESTIONS, ANSWERS & based on a constitutional agreement that we COMMENTS consider a treaty between Métis and the Government of Canada. The case claimed that obligations were not met. Title does have a part in this, based on section 31.

Bruce Bearing, Buffalo Métis Settlement: Is it the policy and formal position of the Métis Settlements General Council that any new members should only be those of existing families living on settlements?

Blake Desjarlais (R): There is no Joe Blyan, Buffalo Lake Métis membership or migration policy- each Settlement: The history of the Settlements is settlement deals with this differently, but the important; it gave people a chance to come Métis Settlements General Council is trying to together. There is so much internal division create one policy for all settlements. There are now. Young people are more eager to split still on-going discussions with communities, groups and focus on politics, but there are however.

22 DAY 2: PANELS & LUNCH KEYNOTE

LUNCH KEYNOTE: THOMAS have already put forward practical actions for ISAAC development. What mattered for the government was its overall objective of A prominent lawyer in areas of Aboriginal reconciliation. law, Thomas Isaac has represented clients at Several themes emerged in the report: various court levels across Canada, and has education, law, distinctiveness, and funding worked with Canadian governments, notably allocation. as a Special Representative at the provincial and federal level. Initial research-based discussions demonstrated a widespread misunderstanding Thomas examined his recent report, A Matter of section 35. There was clearly a huge of National and Constitutional Import (2016), knowledge gap between what [the law] is and and its relevance to Daniels, and emphasized what [the government] thought the law to be. A the role of Métis inclusion in reconciliation vital recommendation, then, is the need for efforts. far-reaching education about section 35 and Métis culture & history. Despite countless ∞ misconceptions, a lot of visible work has gone Métis Rights, Daniels, and Reconciliation towards education and challenging these false ideas over the last year and a half, which is something that needs to continue.

This report was an attempt to bring the Constitution into focus and demonstrate that Métis are to be treated equally by the Crown under section 35; there is no hierarchy of rights in the law.

We are still in the infancy of understanding rights fully under section 35, and understanding the nature of Métis claims under section 35. There has already been advancement in case law around Métis issues over the last few Canada needs to work on procedures to build years, such as the Manitoba Métis Federation governance structures that reflect its people, decision in 2013 that developed on section 35 and allow for identity development rather terms. Thomas was appointed as the Special than restriction. Métis should be considered Representative to look into that issue on distinct from other Aboriginal groups in behalf of the Government of Canada back in Canada, and genuine reconciliation means the 2015. Crown needs to acknowledge and act on this. Daniels acknowledged that Métis are a The ultimate objective of his report, besides recognizable group for legislation purposes. It providing the government with provided clearer jurisdiction, while recommendations that could be acted upon, maintaining that provincial laws continue to was to support moving forward with be applicable. reconciliation. This was a key element to the work, as many Métis institutions and leaders

23 DAY 2: PANELS & LUNCH KEYNOTE

Daniels raises fundamental Thomas Isaac (R): There are a lot of issues of identity, responsibility, challenges for the government, and one is the reconciliation, and what it means current absence of a sustainable public policy to be Indigenous in Canada. approach to these issues. Federal election cycles challenge the ability to move forward. Equitable allocation of federal funding Reconciliation requires truth in the matters, amongst Aboriginal peoples in areas of and truthful dialogue is key- but politics does programming and service is a key concern. not make this a straightforward approach. We There is, however, a need to acknowledge that need policy that will go beyond politics. the Métis do not receive adequate funding distinct to their needs. If the government is Bill Enge, President of the North Slave able to end hierarchical distribution of Lake Alliance: The Métis rely heavily on funding, this decision can greatly impact consultation to preserve section 35 rights. support to Métis organizations. Real What is the difference between consultation reconciliation is an opportunity this country and negotiation? To us, negotiation means can’t afford to miss, and we need concrete recognition, dialogue, and resolution. outcomes and actions to work with in order to achieve it. Thomas Isaac (R): The duty to negotiate stems from consultation processes when section 35 rights are applied- whether that QUESTIONS, ANSWERS & comes from the assertion of a right, or the COMMENTS infringement of a right. The use of language by courts is very deliberate and can be Audience Member: My Northern Alberta significant. community consulted with the Crown and were notified that their shared discussions PANEL 3: PROMISES & PITFALLS were not considered pertinent. We were able OF DANIELS to quote Thomas Isaac’s report around perceived hierarchies of rights, successfully contending that the community may not have Participants: Dr. Daniel Voth (moderator) Dr. D’Arcy Vermette been properly consulted with. Dr. Darryl Leroux Dr. Adam Gaudry Kim Beaudin, Congress of Aboriginal

Peoples: If the government enfranchises a The third panel focused on several different whole band that has been disenfranchised issues that have emerged since the Daniels from the Indian Act, would they still be on the decision. Act’s registry, and how does this affect their descendants? Jason Madden, a Métis lawyer based in Ontario, was scheduled to participate in this Thomas Isaac (Response): A very panel but was unable to make it to the interesting question, but the answer is conference in the end. unknown at the moment. DR. D’ARCY VERMETTE Vernon, Kelowna: Are government officials successfully working towards removing An Assistant Professor and Associate Dean of colonial attitudes at the federal and provincial Research in the Faculty of Native Studies at levels? the University of Alberta, Dr. D’Arcy Vermette studies Métis and treaty issues.

24 DAY 2: PANELS & LUNCH KEYNOTE

D’Arcy’s presentation centered on language Historical record matters, and seeing how usage versus duty & action. judgments lead to particular decisions will be accessible for generations to come. What’s important going forward is ensuring that Aboriginal people are noticeably involved and documented in the decision making.

DR. DARRYL LEROUX

An Associate Professor of Sociology at St. ∞ Mary’s University, Calgary, Dr. Darryl Leroux is a white Settler whose ancestors were among The Daniels decision is missing Métis agency. the first Europeans to colonize the area now Reading the final court statement, it is known as the St. Lawrence River Valley. apparent that community was absent during the decision-making, and rather, they were ∞ decided upon. Referring back to the case of R. ‘Les Métis de l’Est’: Outlining the v. Tronson (1932), D’Arcy described how this Intellectual Currents at the Basis of particular case was meant to determine ‘Métis’ Self-Identification in Quebec whether, and how, an individual is considered white or Indian. Unfortunately, governments Since the Powley decision in 2003, there have continue to interpret law through a colonial been over two dozen new Métis organizations lens, despite this endless need for Aboriginal formed in Eastern Canada, and from this, a people to adapt themselves socially and new area for academic research. Three main culturally in order to navigate irregular and themes have emerged from this new research: changing laws. Daniels is no different. The Crown has categorized Métis now: it has 1. An alternative ethnogenesis narrative determined a definition for a people, without 2. French-English language politics taking those people into account. 3. The ‘disappearance thesis’

During the Daniels decision, the court spoke of The first theme focuses on origin stories. One the significance of Métis people in helping to of the new organizations describes Métis shape the nation and in developing the origins starting from the St. Lawrence River constitutional composition. This discussion is Valley, crossing what is now Ontario and not included in the final legal decision, Quebec. Families emigrated Westward to however; it will be forgotten over time when Riel’s Métis nation, away from political people look back at Daniels. So much time and restrictions in Lower Canada. The effort has been put into trying to erase Métis organization does not have authentic evidence history. But the importance of reconciliation for this, but base their arguments on a poorly means that they are trying to include Métis researched chart created by Denis Gagnon in history, while remaining at arm’s length. the early 2000s. This is the primary support Fiduciary duty has not previously been for those who oppose Western Métis claims, incorporated into the legal relationship and argue instead that Métis identity between Crown and Métis, but the rhetoric is originates from Quebec. Others claim that preserved through reconciliation discussions. Métis origins were established further east in Acadia or Nova Scotia.

25 DAY 2: PANELS & LUNCH KEYNOTE

The second theme refers to the oppression of Looking at the interpretations of Daniels and Eastern, French-speaking, Métis by Western, similar historical records, this presentation English-speaking, Métis. Activists talk of focused on misconceptions of the decision, and language barriers between Western Métis and challenges claims made about it. That is, to those who speak French. This could lead to look at how a case that sought to clear up requesting membership to the Métis National jurisdictional responsibility for different levels Council (as a French Métis) within a French of government has been reconstructed by some language rights political framework. Since as a Métis rights case… To be clear: Daniels English dominates in the West, the French was concerned with jurisdiction, not rights Métis are looking elsewhere for support, allocation. contributing to communities citing French Canadian origins. Similar issues are being The importance of having a Métis-centered examined in other Indigenous communities sense of identity and belonging, both in a across Canada. political and legal sense, is critical. Unfortunately, Canadian governments often Lastly, the ‘disappearance thesis’ can be used have limited experience with this knowledge as a claim to establish a new group of Métis and with Indigenous communities, and don’t Indians. Communities cease to exist due to have the proper resources to make the intermixing with other peoples, or they decisions that are being asked of them. The develop a new line of peoples. The most widely solution could be in giving agency to the Métis discussed example of this is the Innu people in as a people; those with the greatest ability to northern Quebec and Labrador. Though many determine identity and belonging from do criticize this thesis, it lurks in the collective experiences. background of this particular issue. Since the Powley case, there have been Court cases are using reports, such as the numerous Métis organizations that have Bagot Report from 1844, to inaccurately claim claimed Métis Aboriginal rights through loose Quebecois Métis identity based on mixed-race ancestral ties. These groups are basing kinships in community villages. Research is themselves off of generalized mixed-race limited by these false representations, that is, histories. For them, membership is simple: the use of European, white settler and/or find evidence of an Indigenous ancestor from Eurocentric thinkers to explain Indigenous life, any point in history. The Supreme Court’s past and present. decision links Métis to the Red River Settlement, but historical kinship networks DR. ADAM GAUDRY should alter that term to include the Prairies and beyond. Dr. Adam Gaudry is an Assistant Professor in Increased both the Faculty of Native Studies and the membership Department of Political Science at the to the Métis University of Alberta. His research explores nation is Métis political thought. part of a ∞ larger social trend away ‘Get your application in!’: Post-Daniels from Pitfalls, Self-Identification and the Rush unfulfilled to Become Métis whiteness, in an attempt to create a personal

26 DAY 2: PANELS & LUNCH KEYNOTE link to indigeneity. We’re brought back to this in these matters only sustains colonialism. idea of ‘playing Indian’ and the similarities Rather, supporting Indigenous legal orders between Canadian Métis in the east, and and incorporating them into current practice Cherokee ‘race-shifters’ in the USA. Rejection would demonstrate genuine dedication to from these ancestral tribes can lead to empowering Indigenous communities, and individuals establishing a tribe of their own, a ensuring a fundamental Indigenous right: to concern for all Indigenous peoples. determine who they are.

Self-identification among Métis creates a new identity construct, and these organizations QUESTIONS, ANSWERS, & that have recently been formed are using COMMENTS power to arbitrarily authenticate genealogy. Muriel Stanley Venne, Institute for the In their eyes, simply being part Native Advancement of Aboriginal Women: It’s validates becoming Métis - not originating important to talk about the role of women, from one community, but from historical and their importance in communities. mixing. Daniels has unfortunately given Violations to women’s bodies is criminal, weight to these identity claims. especially within this country with our The [Daniels] outcome has led favourable international reputation. We need multiple groups to declare that to be inspired by the TRC and UNDRIP they are the true and original during this challenging time and focus on possessors of a Métis identity that what we need. We need equal representation pre-date our own… They don’t see for women at events like this one too. themselves as a part of us as much as they see us as a part of them.

Métis nationhood does not exist in blood or historical mixing, but as part of a living culture and community. They have already determined the answer to “Who is Métis?”, to the general satisfaction of the Nation. This collective definition is flexible enough to incorporate dynamic relationships, while preserving a united sense of belonging and history. Buffalo Lake Métis Settlement Councillor: Some Métis Settlements don’t The courts failed in taking the opportunity to have the resources to check individual engage with Métis to make sense of this applications for membership. There is no question of identity, instead taking the view national registry for our people, so how do that they are in a position to fill a presumed people prove they are Métis? Each province cultural void. Unfortunately, Canada has been has different political groups, so how do we long hesitant to allow Indigenous communities determine an acceptable standard of Métis to manage [their] own affairs and this is the identification? mainstay of Canadian colonialism. Losing this part of self-determination is common when Adam Gaudry (Response): Panel 6 will courts are involved. Within the discussion address that in more detail. So long as it’s around respect and reconciliation, non-action

27 DAY 2: PANELS & LUNCH KEYNOTE

Métis-owned, and not a federal designation, PANEL 4: JURISPRUDENTIAL that is the key. CHALLENGES Gabriel Daniels: Are you for or against the Daniels case? Will protection be required to Participants: Larry Chartrand (moderator) manage this increased Métis population? Dr. Eric Adams Catherine Bell Adam Gaudry (R): In terms of establishing a Paul Seaman relationship between the Métis and the This panel brought together perspectives on Federal Government, I agree with it. I take the theoretical challenges and legal issue with Paragraph 17, an area that was implications of the Daniels case. determined without fully understanding the context, allowing groups to claim Métis Darren O’Toole, Associate Professor of Law at membership. People will misread these the University of Ottawa was scheduled to decisions in a way that reflects their own present at this panel, but was ultimately issues no matter what. The case left something unable to make it to the conference. open that wasn’t open before.

Tony Belcourt: Discussion is needed on the correlation between Powley and Daniels, and to determine how they tie in to the larger discussion of Métis identity and belonging. The courts have no business defining who we are, in any shape or form. The Powley decision resulted in the wrong definition. The MNC can say Métis are from particular historic communities, but what are those? What is community acceptance? Where does it begin and where does it end, and who gets to decide? DR. ERIC ADAMS What about the communities that emerged in our more recent history- are they no longer Dr. Eric Adams is a professor at the Faculty of considered Métis because of these court Law at the University of Alberta. He worked definitions? I think it’s folly for us as a people as a lawyer in Toronto, and acted for the to say ‘We are now going to determine, because plaintiffs at the initial legal proceedings for of [the Daniels] decision, who may belong to Daniels. He noted that his work on the our communities, both at the community and Daniels case concluded around 2007, so his national level’. position at the Conference was one of a more personal, rather than professional, nature. Joe, Buffalo Lake: In the past, Elders have played a role in determining membership. ∞ Culture, language and values were taken into consideration. The legal system doesn’t allow History, Jurisdiction, and Identity in for this kind of system, even though it works. Daniels v. Canada If we go back to our traditional ways, we know Criticisms of the Daniels case so far during who we are, and we can identify all the Métis panel discussions at the conference have been people in the province. justified, but the outcome of the case was the only possibly correct decision based on

28 DAY 2: PANELS & LUNCH KEYNOTE evidence in court. And hopefully, this decision constitutional meaning of Indian is misplaced will help build a framework for reconciliation. power.

There are three concepts directly impacted by The Daniels decision is perfect, in terms of Daniels: (1) history, (2) constitutional constitutional jurisdiction: it formalizes that jurisdiction, and (3) identity & citizenship. the Federal Government has always had Daniels created space for Crown recognition, jurisdiction to Indigenous matters. In terms of respect, and negotiations with Indigenous constitutional law, populations; it also set the stage for self- determination. it is the only sensible interpretation of the Constitution, First, that of history. In order to get to the when considering its language, Daniels decision, 800 pieces of evidence pulled its purpose, its context, and the from 15,000 historical documents were present imperatives that call for presented over 6 weeks. Determining what the national recognition, respect and writers of Confederation meant by the term negotiations… between the “Indian” was, and is, a difficult challenge. Federal Government and There has also been no consistency in the use Canada’s Indigenous peoples. and understanding of that term over the course of history. It was established as a way Lastly, identity and citizenship should not be to categorize a complex world that settlers did constrained by constitutional jurisdiction, not understand but wanted to control. which in turn should not be restricted by history. There is a fluidity in the use of race as a means to achieve particular ends by Daniels did not create a single new Métis colonizers. The use of the term Indian is no person or community. It did not have that different- it has been used deliberately to impact. Those matters are part of current advance governments. The concept could politics, and should be debated and expand in order to control many groups, or determined by communities themselves. shrink down to limit the distribution of We must continue to demand that benefits. This was significant under the respecting diversity and the Indian Act, when the term became more and circumstances of individual more restrictive over time. Indigenous peoples must guide Daniels does not establish a history of the the Crown in its relationship with Métis Nation, despite what some may think. Indigenous peoples, not a one- The history involved is the constitutional size-fits-all approach. meaning of section 91(24), and figuring out its original intent. It is important to note that Daniels put the government on the right path histories of colonialism and origins are to recognize Métis as a constitutional partner. independent from this decision. It does not limit respect and recognition- but the courts should not be doing that anyways. Secondly is that of constitutional jurisdiction. That is the challenge that Daniels creates, and The Constitution is meant to be a framework it now provides an opportunity for people to to allow governments to exercise legislative act on that. authority, rather than re-create history. However, the government’s attempt at thinking they alone could define the

29 DAY 2: PANELS & LUNCH KEYNOTE

DR. CATHERINE BELL The confusion around fiduciary duty & Dr. Catherine Bell is a professor in the relationship is important when considering Faculty of Law at the University of Alberta, how Daniels has been interpreted. Fiduciary specializing in Indigenous Law. She has duty does not automatically lead to equality of published several books and articles on treatment. The inclusion of Métis within Aboriginal rights and Métis issues, and in section 91(24) does not mean that the Métis 2012 was awarded the Canadian Bar are entitled to the same rights and treatment Association Governor General’s Gold Medal as other First Nation and Inuit peoples, and it for her contributions to the development of does not guarantee equity. There is a strong law and legal education in Canada. argument for equality, however, especially when Daniels is taken into consideration ∞ alongside other legal cases.

The Other Declaration in Daniels: The third declaration, on negotiation, was Fiduciary Obligations and the Duty to rejected as it was determined to have been Negotiate addressed by the Powley decision and would The Daniels decision came about from three therefore be a re-assertion of existing law. declarations, of which the first was passed and However, it is not clear whether the judge was the remaining two were rejected. Declarations referring to the specific duty to consult, or to a in court are meant to resolve a dispute or broader duty to negotiate. Interpretations of clarify a law. The first declaration, that Métis Daniels exist because the Supreme Court of are Indians under section 91(24), was granted Canada has used these terms because the court saw it had a practical use interchangeably. and would clarify jurisdiction for the Métis. The other two declarations of the case were To clarify uncertainty around provincial and considered to be settled already by law. This federal jurisdiction, although Métis fall under decision to reject those two can affect future section 91(24), provincial negotiations with policy, and has affected how the Daniels the community are still valid, so Métis decision is interpreted both inside and outside Settlements are under no threat from the the legal community. Daniels decision. That being said, the Federal Government should come forward and protect The second declaration, on fiduciary duty, was Métis land under the Constitution in order to rejected due to the judge’s apparent blending secure it for the Métis Nation. of fiduciary duty and fiduciary relationships. The Crown’s duty to consult (which is context- Finally, there is no single legal definition of specific) gets mixed in with a duty to negotiate Métis that can be used in all courts and (which is broader, and covers rights and contexts. It is notable that there are still claims). Though the court did not grant this debates going on about the definition within declaration, the judge’s statement can be communities too. interpreted as confirmation that governments have a fiduciary relationship, which includes a PAUL SEAMAN duty to act in the best interests of Métis and non-status Indians (addressed in both the Paul Seaman is an associate lawyer with Manitoba Métis Federation decision and the Gowlings WLG where he practices Aboriginal Haida case). and Environmental law. He works extensively

30 DAY 2: PANELS & LUNCH KEYNOTE on issues around duty to consult between QUESTIONS, ANSWERS, & community, industry and government groups. COMMENTS During the Daniels case, he acted as an intervenor on behalf of Gift Lakes Métis Métis Settlement Councillor: Clarification Settlement. is requested around an earlier suggestion from a presenter that under section 35, Métis ∞ Settlements could be removed by provincial government. The result of the Powley case, essentially defining a community and its individuals, has Catherine Bell (Response): There was an given the government a sense of power in attempt to have settlements protected under having the right to establish this type of the Canadian Constitution, but instead an classification. At the same time, the court has amendment to Alberta’s Constitution was claimed that it does not want to be put in a made to secure land and government. There is position that would determine Métis identity. legal uncertainty as to whether this Powley states that Métis claims and identity amendment can bind future provincial will have to be determined on a case-by-case governments, but many lawyers are confident basis. But, we need to have a better idea of who it can. The aim is to get it under the Canadian is entitled to deal with the Crown on relevant Constitution for long term protection, but so issues, and this simply has not come out of any far this has proven difficult. of the existing case law. There is clearly some doubt around what a Métis collective really is, Garry Bailey, NWT Métis Nation: I think for the purpose of section 35 rights, which is it’s important to know what everybody else is significant when using it for legal cases. doing… It is really all about our inherent right to self-govern ourselves and own land as well. For section 35, acceptance by a community is foundational to being a rights holder. Whereas Peace River leader: There is too much in section 91(24), which is about the Federal internal fighting amongst the Métis people. Government’s relationship with Indigenous Why are we fighting each other? Why are we peoples, those who may no longer have doing what the government wants? Métis connections to their communities are included. people need to band together, move forward, However, this suggests that that those with and support each other. There will be tenuous links would otherwise be unable to re- differences among individuals, but there are connect with their Métis community, and re- still connections. These issues can’t be argued establish that link as a section 35 Métis rights for generations over- there needs to be action holder. This government suggestion only taken and decisions made. encourages a colonial view of assimilation and Kim Beaudin, Congress of Aboriginal victory. Then again, can those who are Peoples: Does the Federal Government disconnected from communities be regarded as represent off-reserve people who have no Métis under section 91(24), and what purpose connection to their bands? And how will bills would this serve? These are questions that like Bill C-31 and Bill C-3 impact Métis in this deserve consideration. country?

Paul Seaman (R): We need to get beyond the Indian Act and not continue to extend… these kinds of things. By removing the section on enfranchisement, those who are registered

31 DAY 2: PANELS & LUNCH KEYNOTE cannot be removed from the list. Now there is a new category of people who can register, and who are perhaps not truly First Nations, who may need access to things that status will provide but that may prevent them from claiming to be Métis.

Audience member: To identify as Métis, we had to come from an Indian. We have fought a long time for equality. Let’s not make the same mistake that they made: genocide. Blood quantum should not matter to be Métis- what matters is culture and practice. … we are trying to move forward, all of us, as different groups. Our struggle in this country will go on for a long time- it’s been going on a long time already. We identify ourselves how we want to identify ourselves.

∞

32 DAY 3: PANELS, LUNCH KEYNOTE & CLOSING

the racial component to identity, when in fact DAY 3: JANUARY 28 2017 Indigenous communities have many cultural similarities, such as kinship. Métis people are The third and final day of the conference not only Indigenous based on heritage alone, opened with another blessing by Elmer but also because they incorporate historical Ghostkeeper, spoken in Bushland Cree. It cultural practices and beliefs into their own. transitioned straight into a full day of panels and discussions. Historically, First Nation-Métis tension can be distinguished by an absence of battle between PANEL 5: ALL MY RELATIONS groups (notably Plains Cree, Saulteaux and (IDENTITY AND INDIGENEITY) Assiniboine). First Nations certainly fought other First Nations groups, but they never

seem to have waged war on the Métis, despite Participants: Dr. Adam Gaudry (moderator) Dr. Robert Innes evidence of friction between the two (for Harold Robinson example, around Métis buffalo hunting Rick Smith practices). It would appear that First Nations Jessica Kolopenuk treated the Métis differently to the way they treated other First Nations groups, and that This first panel of the day focused on how there was a form of relationship between the people relate to one another, and how others Métis and these other groups: that of kinship. define themselves. There was a high rate of intermarriage DR. ROBERT INNES between the Métis and First Nations, which led to the inclusion of Métis during Treaty Dr. Rob Innes is a member of Cowessess First negotiations. However, if the government Nation, and an Associate Professor in the refused to accept Métis inclusion, community Department of Indigenous Studies at the members merely joined their relatives within University of Saskatchewan. recognized bands. Despite a unique Métis culture, there were enough similarities with ∞ Indigenous culture that they could join other nations without much difficulty, or that Kinship vs. Race: Reconciling Métis-First Europeans could easily be incorporated into Nations Historical Relations their own family networks. This fluidity The differences between Métis and First leaves little doubt that the presence of Métis Nations have long been emphasized, creating added a certain complexity to understanding a cultural and racial distinction between intra-Indigenous relations. peoples. Colonial tools have shaped this Race and Métis are inextricably linked in separation so well that even Indigenous discourse, with Métis being considered people believe it to be true, rather than seeing cultural brokers straddling both Indigenous cultural similarities. and European cultures. This position can just Interestingly, the concept of race has not been as easily be held by other First Nations applied to First Nations in the same way that groups, yet for some reason they have not it affects Métis, despite the presence of similar been considered in the same way, and neither mixed ancestry and the incorporation of have they been demoted in their “indigeneity” certain European practices. Political for incorporating various European practices organizations can be blamed for highlighting or having mixed heritage.

33 DAY 3: PANELS, LUNCH KEYNOTE & CLOSING

Many historians have The agenda outline presented is based on emphasized the European-ness of practical utility, as well as dialogue, Métis, while ignoring their relationship and resolve. Items are all indigeneity, reinforcing the idea grounded in the need to heal from the wounds of Métis as racially and of residential schools in order to eventually culturally distinct from First gain strength in programming and Nations. partnership.

If it were just about blood, discussions would The first agenda item is to set up centers of not be concerned with eastern Canadians as reconciliation. This is a call to everybody who Métis, but rather about Cree as Métis. has the capacity to do so, and a response to part of the TRC. The second item is to HAROLD ROBINSON negotiate a residential school agreement that is centered on Métis, recognizing how the Harold Robinson is a institution affected communities directly. Métis lawyer and Number three is a call to ‘Make it Awkward’, a mediator from take on a recent Edmonton campaign to Edmonton, Alberta. confront offensive or racist attitudes in the He sits on the Métis city. This year marks Canada’s 150th year, and Settlements Appeal it is important for people to be aware that Tribunal, and John A. MacDonald, the first Prime Minister contributes to the of Canada following Confederation, was racist Canadian Human towards Indigenous peoples. His policies and Rights Commission. practices were an attempt to eradicate Indigenous culture. That Canada and Métis The presentation offered a series of agenda leaders should now ‘Make It Awkward’ for items for the Métis nation to take forward, John A. MacDonald is important, because his based on the Daniels decision. words are still hurtful. The final agenda item is a request for the government to support ∞ scholarship funds and post-secondary By granting the first declaration education as a growth strategy. Métis children that Métis fall under the federal who get advanced education help to close the head of power… the Supreme socio-economic gap, and are in demand during Court reunites Canada and Métis this time of important dialogue and people with one another. In their discussion. view, this is the first step toward reconciliation. RICK SMITH

However, the court’s decision to reject the A doctoral candidate in the Department of second and third declarations suggests that Anthropology at the University of Texas, Rick reparation will be delayed. Challenges exist Smith’s research focuses on molecular biology going forward as Canada recognizes that it and social anthropology to explore how has abused the Métis, through an awkward different forces interact to create bodies and “you broke it, you bought it” form of identities. awareness that continues to this day. This presentation focused on DNA science and its use by settlers who claim indigeneity,

34 DAY 3: PANELS, LUNCH KEYNOTE & CLOSING similar to Kim TallBear’s Keynote and membership alter this relationship presentation on Day 1 of the conference, with drastically, however, as Indigenous DNA an emphasis on American contexts. ancestry becomes varied and complex. It is social belonging and membership that creates ∞ indigeneity, with DNA only one small part of the mix. All My Relations: Making Kin and Kindred in a Postgenomic World The presentation concluded with an image of two DNA ancestry results. One was that of an Genetics has become an increasingly Indigenous man, while the other was Rick’s challenging subject within identity and own. The sequences were both very similar, belonging, especially settler claims of with the results placing both in highly indigeneity and the legal repercussions that European ancestry clusters. However, the stem from these claims. More than 2 million realities of these two men are vastly different. people have already participated in genetic DNA does not take into account material, ancestry testing from three companies alone. social and political histories of individuals and The problem is that complex relations cannot communities. The Indigenous man lived as a be tested genetically, despite claims by these claimed community member growing up on a companies to be able to find ethnic identities, reservation, while Rick grew up in a distinctly tribal affiliations, or geographic origins. different environment on a farm in Texas. There are various forms of testing on the Though their results are similar, the DNA market: mitochondrial (matrilineal descent), Y does not capture social and material relations. chromosome (patrilineal descent), and nuclear Identity cannot be based solely on DNA genome testing (DNA inherited by both matri- sequencing; settlers claiming Indigenous and patri-lineal genetics). This last is a more ancestry are in fact imposing colonial forms of advanced form of testing, resulting in social relations onto others. somewhat ambiguous results. JESSICA KOLOPENUK For these genome tests, geographic origins are determined based on matching sequences of Descended from Chief Peguis’ people (Cree DNA with those found in clusters within a and Anishinaabe) from the Red River region, database. This can be highly and specializing in political theory and misrepresentative of realities when Indigenous nationhood, Jessica Kolopenuk is a considering historical migration, the genetic PhD candidate in the Department of Political material used for testing, or the use of a small Science at the University of Victoria in British database with which to position results. All Columbia. told, these tests will never produce the same result twice. Drawing on works by (earlier presenters) Dr. Chris Andersen, Dr. Adam Gaudry, and Dr. DNA and genetic ancestry, this… process of Darryl Leroux, Jessica summarized current scientists making decisions about who counts academic research on Métis identity based on as Indigenous, have contributed to the genetics rather than social belonging. materialization of Indigenous bodies... And these misconceptions about what counts as ∞ Indigenous are the very foundation on which settler possession of Indigenous identities… has unfolded within recent decades. Kinship

35 DAY 3: PANELS, LUNCH KEYNOTE & CLOSING

Ancestry, Genes, and a Colony Chief: and his people welcomed and supported Peguis’ People and the Red River Métis Selkirk settlers, forming a strong relationship. He offered support to the colony during the A review of the Daniels and Powley decisions Battle of the Seven Oaks, continuing to shows that Métis identity is not based on the dismiss the Métis, which lead to the Selkirk language of genetics, but rather about Treaty in 1817. Tensions grew between the connections to an historic Métis community. A Métis and the Peguis First Nation, and both dependence on genetics has not crossed into Nations refused to claim the other during the Canadian legal interpretations of indigeneity, Red River resistance. though it certainly is a racialized subject. So, while administrative processes hardened It would seem, then, that definitions of Métis colonial categorization of Indian and ‘Half- identity that rely on… generic or vague racial Breed’, these types of categories had been in mixed-ness racialize the Indigenous ancestors existence already through band relationships of Métis people homogenously as Indians, and and history. it erases the… relationships out of which Métis genealogies and communities emerged. Despite the influence of Peguis and his peoples, they have been ignored in Red River Recognizing Métis peoples based on blood- histories. But historians must ask: what if mixing limits possibilities and peoplehood. It they hadn’t helped the settlers, and had is apparent that banded together with the Métis? The history of Manitoba would likely be altered. Inter- seeing us as a race rather than… nation relationships were strained during humans with a capacity for colonization as groups and individuals had to political sovereignty and determine which relationships would benefit governance has typically shaped their people best. the colonial treatment of Indigenous peoples in Canada. Shared ancestry then does not indicate close kinship relationships. Métis identity based on Racialization of Métis distracts from inter- mixed ancestry should require more specifics nation relationships, and the historical origins to who they are claiming kin with, because our of the Métis Nation at Red River. It also shared ancestry has not always meant that we depreciates other Indigenous groups, like the have acted like family. Peguis First Nation: once the largest band at Red River, and the only one to oversee one of the parishes in the Red River Settlement. QUESTIONS, ANSWERS, & Ancestral kinship bonds likely tied Peguis’ COMMENTS people with the Métis, but they maintained political distinctiveness during negotiation Jack Boucher, Buffalo Lake Métis with the government that lead to the Settlement: Kinship is important in how we Manitoba Act. come together. In the past, membership came from acceptance by the community itself, The Peguis First Nation is made up of Cree whereas now it is more political. Membership and Anishinaabe peoples. Chief Peguis lead requires history, paperwork, and analysis. So, approximately 200 Saulteaux from Ontario up to clarify for outsiders, what happens at the to Manitoba, establishing an alliance with the settlement level when you say ‘no’ to a person Assiniboine. Cultivating over 2,000 acres of who has applied for membership in a Métis land around what is now Winnipeg, Peguis

36 DAY 3: PANELS, LUNCH KEYNOTE & CLOSING settlement? Especially for those who arrive being spiritual helps to understand a lot about from outside Alberta? relationships and tradition. Dancers cannot be assumed First Nations- many are Métis Harold Robinson (Response): Legislation is people practicing their First Nations culture. structured to require proof of Métis identity, Métis people sit between White and Indian but there is also a socioeconomic element. cultures. But the discussions here are missing Decisions can be made based on land something: they do not speak to what it is to availability or funding, which is not reflected actually practice and be Métis on a day-to-day by this legislation. Some people who are basis. Come speak to the Elders up north and declined can feel they’re being told they are learn about our everyday realities from them. not Métis, which is not really the case, so there is a need to expand legislation to Darcy McRae, Métis Calgary Family incorporate separation of resource availability Services: Truth and Reconciliation: are we and acceptance of identity into the decision- ignoring the Truth part of it? We have making process. There is a 5-year residency recorded evidence of where our ancestors requirement for those from outside Alberta, in originated, now census data that we can addition to several key pieces of evidence, so access. People expect Métis to align with there is a discussion that occurs. A General Europeans, but no matter which lineage is Council policy could perhaps provide a better dominant, our blood goes back in this country legislative structure for all Métis settlements from times immemorial, same as First though. Nations, and that’s something that no one wants to look at or recognize. We are here Walter, Grand Prairie: What are the because of our ancestors, and cultural chances that the US Government would start knowledge is irrelevant. using science as a means to classify membership of ethnic or racial groups? Can somebody prove Indigenous inheritance from DNA testing? What error rates do these results show when re-tested?

Rick Smith (R): It is possible to imagine a future where DNA can be the basis for PANEL 6: MÉTIS REGISTRIES discrimination- it has happened before. Proving indigeneity from DNA alone is not Participants: Dr. Yvonne Poitras Pratt sufficient, but some groups value different (moderator) elements when claiming identity. Many Dr. Brenda MacDougall factors need to be considered to contextualize Ryan Shackleton Dr. Mike Evans the DNA sample- and this should be a Tracee Mcfeeters community-based decision. Re-testing results can show a 50% difference each time, Dr. Yvonne Poitras Pratt, a professor at the depending on the test and the data used. University of Calgary in the Werklund School of Education teaching instructors about First Audience member: The Métis have been Nations, Métis and Inuit people, introduced supporting First Nations people by this panel. She expressed her support for a maintaining historical tradition, culture and conference that aimed to bring academics, language through tough periods, like the leaders, and community members together to residential schools. Spirituality is important, learn and share their knowledge. and despite a dominant Christian presence,

37 DAY 3: PANELS, LUNCH KEYNOTE & CLOSING

DR. BRENDA MACDOUGALL kinscape. Relationships are strategic, complex, and challenging. Dr. Brenda Macdougall is the Appointed Chair of Métis Research at the University of Ottawa. We know who we are. But we Her work centers around Métis family and need to stop talking about culture, documenting community histories in ourselves in fractions. We need to Saskatchewan. start talking about ourselves in these kinds of kinship ∞ connections… How a people behave is the best indication of Wahkootowin as Methodology: How how they feel and what they Archival Records Reveal a Métis Kinscape believe about each other.

Sources used to develop registries easily relate Families involved in the Battle of Seven Oaks to social, material and political relationships. are tied to those from Red River in that they Family structures, however, and their impacts are part of an extended political action on lifestyle can be represented by the term stretched across the 19th century. These “kinscapes”- merging landscapes and the kinscapes could ultimately be used to rewrite kinship bonds that exist within the territory. Canadian history.

Reducing ancestors to blood quantum diminishes their connections. One example RYAN SHACKLETON would be Louis Riel- people point out that he Director of the Know History research may only have been 1/8th Indian. This focus on company in Ottawa, Ryan Shackleton is an weighing indigeneity originated from white expert in Métis and Arctic history. His scholars rather than Métis people. Sacred organization provides genealogical support to kinship is important to communities, and he is Métis groups in Canada. a sacred ancestor. He led a vital movement that was part of the social, material and This presentation built on Brenda political culture of Red River. McDougall’s idea of kinscapes, and how people can use big historical data to trace various Riel’s extended family includes several Poitras forms of relationships. members; these kinships could be recognized when travelling into communities. But tracing ∞ one ancestor back through time removes these complex relationships and kinships, focusing Big Historical Data: Strategies for only on bloodlines. Riel had his own existence, Leveraging Colonial History but he also existed in the broader kinscape that blended into Plains Métis families. The Big historical data often comes from census same goes for Gabriel Dumont, who married a records, birth certificates, death certificates, Laframboise woman. Her family can be traced and many other pieces of information. Annual back several generations through political census reports can help build a strong campaigns. Relationships were often strategic, understanding of particular individuals, building up kinship alliances across time and families, and the communities in which they space. Researchers can trace kinship ties lived. between these two important men and their Traditional genealogy is limited to direct ancestors: they existed within the same family lineage rather than close family

38 DAY 3: PANELS, LUNCH KEYNOTE & CLOSING connections- that is, chosen relationships There are concerns that need to be taken into between people and families. This type of account with this sort of record keeping, social network analysis connects people to one however. Databases require maintenance another, representing relationships that since technology develops quickly now, and extend beyond a simple family tree. platforms end up obsolete if organizations are not paying attention. There can also be Tracing these alternative social networks variances in data quality, types of document draws attention to the outliers- those who are support, interpretation of data, and not interacting with the communities. These verification- that is, a document’s connection are the people who are likely mixed-ancestry to the Métis nation. based on DNA alone; who are not connecting with others in a conventional way, and who By recording all these different forms of family may be challenged when coming up against lineage, communities can be mapped through the Powley test. the various interrelationships that have existed. A national registry can be created, DR. MIKE EVANS and perhaps now is the time to act on it: to collect and analyze data based on registry- A professor at the related, citizen-related, and historical University of British understandings of the Métis community. Columbia (Okanagan), Dr. Mike TRACEE MCFEETERS Evans has worked extensively on Director of Registry at the Métis Nation of community-based Alberta (MNA), Tracee Mcfeeters is sixth research with the generation Métis from Smithers, British Métis in Northern Columbia. British Columbia in Canada. Tracee’s presentation focused on the purpose of the Métis Identification Registry at the ∞ MNA, and how the organization registers membership. The Daniels decision could have a real impact on Métis registries, establishing the ∞ possibility of a national registry. There are advantages to the formation of a Métis- The MNA is the longest-running Métis controlled registry, with information such as organization in Canada, established in 1928, historical documents and fur trade journals serving the largest population of Métis in stored in digital databases. Canada. Any self-identifying Métis who is a permanent resident of Alberta can apply for The Métis Nation of British Columbia had an membership. exceptional program, where those who were applying for membership could choose to have Prior to 1991, when the MNA centralized the their documents uploaded to a database, along registry, each local oversaw registration and with the other historical documents that were membership to their communities. MNA being added, thus creating a repository of leadership began using the registry as a documents relevant to a large number of Métis resource in 2004, establishing guidelines and in British Columbia. goals for management and staff. In 2006, Métis ID cards with a secure barcode were

39 DAY 3: PANELS, LUNCH KEYNOTE & CLOSING issued. This change required a mass re- QUESTIONS, ANSWERS, & registration process for all members, who COMMENTS …now meet the objectively verifiable criteria, based on the national definition of Métis, consistent with the Powley decision.

The registry established and ensured lifetime membership for those who were eligible, and was considered a leading system to other Métis registries in Canada. Certain measures were required to get to this point: a database, policies & procedures, standards of service, and regular staff training.

These days, applications go through several steps once they are received at the Registry Audience member 1: How long does it take Office, typically by walk-ins or by mail. for an individual’s application to get through Supporting documentation is checked to make the registration system? sure all the necessary pieces were included in the package. The application then goes to a Tracee Mcfeeters (Response): Our times registry agent who reviews the documents and have increased as a result of an increase in applies it to an ancestral family tree, which is applications since the Daniels case, so it went then analyzed by a genealogy research center from 6 months to somewhere between 7-9 for validity. If everything checks out, the tree months. is certified. A quality assurance check completes the process, after which an ID Audience member 1: Would somebody’s number and card is assigned, and a letter of eligibility to Indian Act status be noted on welcome and a certificate are mailed to the file? Since some people could be Métis or individual. Treaty, could you identify their entitlements? If not, would this be worth pursuing in your Typically, the applicant provides consent for process? the MNA to search the national Indian registry and/or band lists. In 2015, the MNA Tracee Mcfeeters (R): No, that information began a pilot project with the federal would not be on file, as we only use Department of Indigenous and Northern information provided by the applicant with Affairs Canada to set up a secure file the aim of Métis membership. We are not exchange in order to reduce manual checking eligibility for Treaty status. paperwork and procedural time. The MNA Identifying this would be done at the political Registry is the only Canadian Métis Nation level. using this process; results can be shared within a couple of days, rather than 6 months Audience member 2: There will be a need to under the previous system. protect information that is stored on our Provincial registries, and keep it from getting Service Alberta recognizes MNA ID cards as out into the public domain. The government reliable identification, which validates the acknowledges only particular information work being done at the Registry. At the from us without contextualizing it, condensing beginning of 2017, the MNA had over 32,500 it down into small pieces. If this provincial registered Métis citizens. registry information goes beyond our

40 DAY 3: PANELS, LUNCH KEYNOTE & CLOSING protection, the government could use it to presenters and participants are part of this their own purpose. Are there any suggestions project, including Brenda Gunn. on how we can keep this information secure? Brenda Gunn Mike Evans (R): There are various levels of works in the access to data. Some is publicly accessible, Faculty of Law at with some material protected for FOIP the University of reasons (Freedom of Information and Privacy), Manitoba, on the and other material is available to people with scholarship of different access levels (public, member, or Aboriginal rights employee for example). and the intersection of Jack Boucher: What rules or laws would international law. have to be broken in order for me to be stripped of my MNA card, when I also have a ∞ Métis Settlement card? Daniels Through the Lens of the UN Tracee Mcfeeters (R): MNA membership Declaration on the Rights of Indigenous can only be terminated voluntarily. You would Peoples need to remove yourself from the registry, or your name would have to appear on the Though ultimately positive, the Daniels Indian Registry/ a band list. decision both supports and contradicts international law. Now is the time to analyze Kim Beaudin, Congress of Aboriginal the extent, and outcomes, of the case. Peoples: The registry has become so political, with who is managing what, and who can To begin with, the United Nations Declaration apply for what. Is there any opportunity to on the Rights of Indigenous Peoples take politics out of it? (UNDRIP) was passed in 2007 by the UN General Assembly. It is a declaration rather Yvonne Poitras Pratt (R): I think we are than a human rights treaty, which means that always already political. We have no choice, leaders are not required to sign or ratify the whether the government defines who we are, agreement, they only vote on passing it. we are captured in all the complexities and Canada voted against the declaration. ambiguities that are the Métis people. I think However, it passed and so the government is we’ll do a lot more together than apart, but still bound to follow that law. UNDRIP how we do that needs to be done in a very essentially lays out Canada’s obligations to its respectful manner. Indigenous peoples, but it is not an instrument to give rights. LUNCH KEYNOTE: BRENDA GUNN The declaration establishes the minimum The lunchtime Keynote session was presided standards that governments should meet by Larry Chartrand, a professor of Law at the within these obligations, and demonstrates University of Ottawa. He spoke briefly about that some human rights can apply to the Métis Treaties Research Project (a web collectives, and not just individuals. It does link is included in the Resources and Links not define who is Indigenous, nor who can section of this report), and its importance in claim these rights. These decisions were left to forging a relationship with the government as the communities themselves. a Métis nation. A number of conference

41 DAY 3: PANELS, LUNCH KEYNOTE & CLOSING

Understanding how UNDRIP fits into other nationhood governments so they aren’t placed human rights frameworks is important. in difficult positions of defining a people on Earlier definitions of Indigenous peoples by behalf of others. the United Nation’s Working Group on Indigenous Populations include “peoples who QUESTIONS, ANSWERS & have occupied and used specific territory in a COMMENTS time period prior to colonial governments and colonialism”. They have maintained unique Muriel Stanley Venne: Maybe one of the cultures through language, practice, and things that happened with Daniels is that community bonds. Self-identification is things have become more complicated. another aspect, but this doesn’t just happen at the individual level… There is also recognition Audience member: How can people in by other Indigenous peoples about who is Canada support the government to recognize Indigenous. United Nations treaties, and have them be supportive of the Jay Treaty? There are Métis The Inter-American Commission of Human people who have not been able to cross the Rights is another human rights framework border to the US under this treaty. that recently passed a declaration on Indigenous rights. For them, self- Brenda Gunn (Response): A requirement identification is the key to defining for states to recognize all treaties encourages indigeneity, both individually and collectively. a government to uphold them and to avoid A connection to the land supports this, along potential international court disputes. The with a shared cultural identity. Jay Treaty is a political, state-level agreement and the US has never challenged Canada for How the Métis fit into this international failure to recognize it. It is treated very understanding of Indigenous peoples is differently between the two states. important to consider, along with how these various understandings align with discussions Darcy McRae, Métis Calgary Family in the Daniels case. What does the term Services: First, Canadians have benefitted ‘Métis’ really refer to? The court recognized from Métis resources for a long time: fur, Métis as a distinct people, but it also stated agriculture, and now oil & gas. The UNDRIP that Métis could refer to a general mixed is very helpful to us for that. Secondly, we look ancestry bloodline. This was likely to allow at [Aboriginal] rights as being ours. Clearly, inclusion of individuals who are disconnected these are not ours. These are our ancestor’s…. from their communities, to ensure federal Nearly 20% of the population in Western responsibility remains broad rather than Canada is Aboriginal. If we use this to our intensely categorical. advantage, we can be politically stronger. We can better advocate for our rights as Using Daniels as means of getting land back is recognized by UNDRIP. one way it can connect to international law. Under international human rights law, Walter, Grande Prairie: There is work Indigenous peoples clearly have a right to self- being done on recognizing Métis rights, but define, and self-regulate. how will that apply to the forest & environment, or to fish & wildlife? Our rights UNDRIP is not just a tool for the Federal are being impacted by development, but we Government, as even Métis governments can haven’t had a chance to sit down with United be expected to uphold rights within the Nations representatives. declaration. There is a need to support these

42 DAY 3: PANELS, LUNCH KEYNOTE & CLOSING

Brenda Gunn (R): There is work being done has had many opportunities to build a strong to look at the implementation of UNDRIP at application. Indigenous applicants typically the local level. One useful resource is a come from more complex demographics: handbook from 2013 that was developed, the mature students, with families and Handbook on Understanding and responsibilities who maybe don’t have as Implementing the UN Declaration of strong an application package. So what Indigenous Rights [see the Resources and happens when a new cohort of students who Links section for more]. have recently claimed Métis heritage start to apply? These students tend to have higher PANEL 7: UNIVERSITY GPAs and stronger applications than other ADMISSIONS ROUNDTABLE Indigenous applicants. A major concern is that the Admissions Office will begin to adjust Participants: Dr. Chris Andersen expectations to accommodate these newer (moderator) applicants and their circumstances, eventually Danielle Soucy ignoring those with more disadvantages and Lisa Collins higher barriers to overcome. Valerie Arnault-Pelletier Dr. André Costopoulos The university attempts to account for Kara Paul inclusion in its decision-making. The process requires a letter of intent that asks typical DANIELLE SOUCY questions about wanting to be in health sciences, and includes a question about what Danielle Soucy is the Director of Aboriginal Indigenous/ Aboriginal identity means to the Health Services at McMaster University, in individual. The applicant should be considered Hamilton, Ontario. as a whole, including their sense of indigeneity within the health sciences field. This presentation concentrated on how the There are areas that still need development, Daniels case has affected university however, and committees are looking for admissions that rely on competition and feedback on this process. funding. There are two other parts to the application ∞ process: a letter of recommendation, and the applicant’s potential to succeed. This is an on- Where are you from? Reframing Facilitated Admissions Policies in the going process that is developed through Faculty of Health Sciences meetings to share resources, connections, etc. Everybody is encouraged to apply and to Admissions impact academic decisions over succeed. who qualifies as First Nations, Métis, Inuit, status or non-status. This is no easy task, and LISA COLLINS made all the more difficult due to organizations issuing unauthorized cards, Currently Vice-Provost and Vice-Registrar at causing concern in Admission Offices about the University of Alberta, Lisa Collins works legitimacy and dishonesty. directly with registration and registration services on campus. Typically, the average medical student in Ontario is white, from a stable, upper middle ∞ class, academically inclined household, who

43 DAY 3: PANELS, LUNCH KEYNOTE & CLOSING

Admissions is a gatekeeper for the university The university’s request for proof of ancestry community. Students wishing to pass through has been challenged by communities to must be deemed eligible, but who should be instead look at identity, which initiated included or excluded? Who gets to decide? discussion over the role of community within identity, and whether active relationships to Criteria at the University of Alberta is fairly communities should be a part of the decision explicit for basic admissions; deciding on how process. But how would one prove this, and the campus community develops is entirely what about those who are disconnected from different. We shape our university communities for various reasons? communities and we shape important sectors of society. Policy will continue to adapt and change as Admission Offices learn more and understand One of the most important aspects of building the needs of students more. The Daniels these communities is that of equity: who decision came out after a round of policy passed through the gate, who was left outside, changes at the university. It was vital to take and who didn’t even try (and why not)? At the into consideration what it meant, and how it University of Alberta there are over 1,000 self- would be interpreted. How does it affect identified Indigenous students, approximately admissions policy? There is the potential now 3% of the entire undergraduate group. to affect societal change, and these discussions Constant efforts are made to recruit qualified are helping to move everybody forward. students, manage relationships with communities, understand what students need for success, as well as seeing that Indigenous culture and practices are evident on campus and in the curriculum content.

The last admission intake saw an increase by almost 10% of self-identified Indigenous applicants, based on a willingness to self- identify and positive recruitment activities. The goal is to have a number on campus representative of Alberta’s Indigenous population. The university is halfway there, VALERIE ARNAULT-PELLETIER but there is still more to do as the target number continues to expand. As part of the College of Medicine at the University of Saskatchewan, Valerie Arnault- Aboriginal applicants are asked for proof of Pelletier is the Aboriginal Coordinator for First Nations, Métis or Inuit status, or proof of students in the undergraduate program. Aboriginal ancestry. There are a number of Her presentation was based off of a speech she seats set aside in several programs for these students, as well as financial supports and had given to the Senate of Canada, speaking scholarships. Determining what forms of proof to the challenges of admitting Métis students who have little connection to their identity or should be required can be a challenge. The Dean of Native Studies, Dr. Chris Andersen culture as Indigenous peoples. [one of the conference Keynote presenters], ∞ has been involved in developing this policy.

44 DAY 3: PANELS, LUNCH KEYNOTE & CLOSING

The college only has 10 seats available to now holds that same position at the students who have verifiable proof of First University of Alberta. Nations, Métis or Inuit ancestry. Other than providing this proof, these applicants must ∞ fulfil the same requirements as every other Admissions at the university should lead to individual applying to Medicine. true equity and diversity in all communities. First Nations applicants who have submitted There is a need to be proactive towards those proof of Treaty or status cards have direct who have undergone historic injustices, and to access to these equity placements. Those who provide advantages in the rights ways. This is self-identify as Métis have been more of a an ongoing discussion to be had. challenge. So far, the College has not placed The balance between equity and the success of restrictions on evidence, accepting everything individuals can be a challenge for many from letters, genealogy charts, and nation universities. The ability to admit students cards. Challenges exist around organizations who are ready to be challenged in a university that produce affiliation cards claiming to be environment, and then to take those learnings status cards for Métis communities; back to their communities and society in Admissions cannot determine whether some of general, is critical. these groups are genuine or not, and for what purpose the cards are issued. Credentials, like diploma results, are imperfect indicators to a student’s ability or It concerns me greatly that we drive. There are countless individuals who do potentially have individuals who not have access to these forms of certification, are taking advantage of our but are nonetheless motivated to be university equity seats for their own means. students. There are also individuals who have They have not indicated any achieved in these credentials, but are not intention of reciprocity or pay it ready to be admitted to university. forward to our people. What other credentials could be valid for After extensive consultation with Métis people who are in positions that would students, Elders, student centers, the Métis support their success in higher education, but Nation of Saskatchewan, the Human Rights are unable to provide standard admission Commission, and various other equity bodies, documentation? This question ties to hiring the College changed its policy to specify that faculty and staff as well, and the expectation Métis applicants would require a Métis card that professors must have obtained a PhD. from one of the provincial peer organizations to the MNC. If decision-makers are able to adjust their process, to gradually build equity, accept In light of the Daniels decision, this policy various forms of credentials, and consider an may need to change once again. Flexibility to individual’s ability to succeed and make a adapt guidelines and criteria is important, positive impact for communities, then true and there will be much more work needed to diversity is attainable. maintain the value of these equity seats.

DR. ANDRÉ COSTOPOULOS

The former Dean of Students at McGill University in Montreal, André Costopoulos

45 DAY 3: PANELS, LUNCH KEYNOTE & CLOSING

KARA PAUL emergence of Métis affiliation cards that anybody can obtain, the marginalized are Kara Paul is the Director of the Aboriginal becoming more marginalized. Health Services Initiative at Dalhousie University in Halifax, Nova Scotia. QUESTIONS, ANSWERS & This presentation focused on Dalhousie’s COMMENTS affirmative action and self-identification Paul Seaman, Conference presenter: How policies. did Admissions at the University of ∞ Saskatchewan come to the decision to only accept MNC cards? This would exclude Currently there is no policy in place to require Settlement membership, which is recognized student affiliation or proof of ancestry due to by statute, and goes against what Powley tells Nova Scotia’s Freedom of Information and us. Protection Act. The Act limits the university’s ability to verify proof, so self-identification is Valerie Arnault-Pelletier (Response): entirely voluntary. Anybody can self-identify That is specifically a College of Medicine as First Nations, Métis or Inuit in their decision, and therefore not legally binding. It application. The biggest challenge is within is open for further consideration and competitive programs, like Medicine, that consultation to ensure inclusivity. have equity placements. Lisa Collins (R): This is also a challenge at The target demographic for Dalhousie is those the University of Alberta. We have a list of from the Atlantic Maritime population. what forms of identity proof are acceptable, Students who self-identify as Aboriginal are and it becomes fairly general for Métis cards. asked to submit an essay about their We have proposed a policy change that connections to culture and community of the specifies which Métis cards will be accepted, Mi’kmaq Maliseet. However, this has but that could become too narrow and narrowed the admission’s focus to the increases the chance of exclusion. We may exclusion of other applicants. There are include a line such as “other forms/ proof of increasing concerns about fraudulence in self- identity may be considered”, which would identification within some applications. allow us to be more flexible. There is an Appeals Board too with a range of In terms of Daniels, the Mi’kmaq Grand representatives for those who request further Council does not recognize Eastern Métis scrutiny. claims; contact began in the 16th century, long ago, and mixed families and relationships led COMMUNITY FORUM to either Mi’kmaq or Acadian communities. There was no need for a new society of Métis, The community forum panel was offered as a because there was no marginalization. chance for audience members and panelists to Inclusion was a natural part of social share their final thoughts, comments, structures. personal learnings, and suggestions for moving forward. It began with a few closing Admissions need to develop policies around remarks from Gabriel Daniels, and Dr. Chris understanding and recognizing self- Andersen. identification, and criteria for competitive placements and scholarships. With the

46 DAY 3: PANELS, LUNCH KEYNOTE & CLOSING

Gabriel Daniels: I just wanted to say that Chantelle Daniels: Thanks to everybody for I’ve been participating. My father was Harry Daniels. listening to My father’s dream was not for this to divide us everyone and and have questions about who we are. He the concerns wanted to bring us together. We need to build and questions. a stronger community to help those who are It’s all good still suffering. and valid. It’s important to Victoria Norris: Our Aboriginal peoples have have these discussions, so that we are all on the highest rates for suicide and incarceration the same page. Keep in mind that we are at in Canada. Identity is such a key issue for risk of just talking and dissecting without teens, and so when we talk about membership taking action. These discussions are vital, but this concern needs to be a priority. We need to they also need to move forward in the right be mindful, when we are making decisions for direction. It would be great to see all five our future generations, that we are inclusive. Métis organizations join together. Together we Sophia Hamelin: The government and could figure out who those false people are. legislation are defining people, and it can be Chris Andersen: This has been a wonderful confusing. Coming from a mixed background opportunity for people to connect, and for of First Nations and Métis, I questioned my those of us in a privileged position to have the own identity and place in society. The land chance to have Elders and political leaders and cultural practices bring us together. So come and converse with us; to point out what does shared history. Canada has a big part to has been missed. play in that too. Hopefully they understand that it’s not all about us explaining who we are Muriel Stanley Venne: It would be to them, it’s about allowing us to be who we interesting to see a Chair position created at are. Moving forward, it will have to be a group the University of Alberta: the Harry Daniels effort of First Nations, Métis, Inuit, and Chair. The position could schedule a anybody else. conference like this every couple of years to encourage everyone to keep the discussion Jack Boucher: The Métis have existed going. primarily on a provincial level until recently, whereas First Nations and Inuit have been on Kim Beaudin: First off, the Congress of the federal level for a while now. Within these Aboriginal Peoples will be putting on its own groups there are all forms of relationships. We Daniels Symposium in Ottawa, March 2017, are all tied together by kinship, but to which everybody is invited. Looking back, bureaucracy is keeping us separated. How can there has been so much in-fighting behind this we change this so that bureaucracy brings us case. But we need to come together, to work together? together. I am hoping that this will get us further with respect to what we are trying to do Karine Martel: I am a Masters student in as Indigenous people in this country. Native Studies at the University of Manitoba. This conference has got me thinking about Lorne Ladouceur: We have come a long Indigenous voice and academia, which … way, thanks in part to the Métis scholars, ultimately must benefit Indigenous peoples. I lawyers and doctors that have helped lead the want my academic work to act as a resource way. for people in my community to understand.

47 DAY 3: PANELS, LUNCH KEYNOTE & CLOSING

CLOSING ELDER BLESSING It was apparent from the discussions that there would be interest in maintaining Maria Campbell and Elmer Ghostkeeper dialogue around Daniels, and any other cases closed the conference with a blessing and a or political developments that come from it. few final words of appreciation. This report is an attempt to continue that dialogue.

Overall, the conference was a success. It covered topics that ranged from politics and law, to challenges and interpretations, and on to registries, kinship, and identity. Taking what was learned and shared is the next important step to moving forward as a Métis Nation.

∞

CONCLUSION

The livestreaming of the conference went well, with 400 connections on Thursday, 1,000 connections on Friday, and 250 to begin with on the Saturday morning. People were streaming online from all over the world: Canada (St. Albert, Grande Cache, Morinville, Revelstoke, Smithers, North Bay, Yellowknife, Thank you for reading! St. John, and Gatineau), Indonesia, Brazil, Spain, and the Netherlands. ∞

The conference was a successful attempt to bring together people from all sectors and communities to discuss the challenges and successes that developed from the Daniels decision, and to promote discourse on ways to move forward, together, as a people.

Individuals understand Daniels in different ways, and do not all agree on its outcomes. This fostered excellent dialogue throughout each panel’s question & answer period. It was also a chance to learn what community members had to say about the Daniels case, and the work being done in academic circles as well.

48

GLOSSARY

TERMINOLOGY

Blood quantum – analysis of a blood sample to determine a quantifiable amount of Indigenous ancestry in an individual

Crown – the Federal Government of Canada

Disenfranchise – to deprive somebody of political or social privileges

Enfranchise – to grant political or social privileges to somebody

Ethnogenesis – the formation or emergence of a new peoples within a larger population

Equity – acting or measuring in an equal or fair manner

Fiduciary duty – a legal obligation for one party to act with honesty in the best interest of another

Fiduciary relationship – a relationship in which one party places a particular trust in an associate to act for the party’s benefit

Intervene – when a third party voluntarily enters a legal dispute or court proceeding because the outcome will affect them

Jurisdiction – formal power to make legal decisions

Jurisprudence – a body of law; the science or philosophy of law

Matrilineal descent – kinship heritage passed on by the female (mother) line

Patrilineal descent – kinship heritage passed on by the male (father) line

Road allowance – land set aside for highway development on which many Métis were forced to live, separate from Treaty land and colonial settlements. People who lived on these lands were often known as Road Allowance People.

TREATIES AND JURISPRUDENCE

Bagot Commission Report, 1844 – This report proposed the idea of residential schooling for Aboriginal children as a way of assimilating them into settler societies. It also put forward the idea of allowing only one form of legal status (Indian or citizen).

Bill C-31 (1985) and Bill C-3 (2010) were amendments made to the Indian Act in order to remove discrimination against women in light of the Canadian Charter of Rights and Freedoms. Originally, the Indian Act disenfranchised women who married non-status men, stripping them of their Indian status. The bills aimed to rectify these issues.

49

Constitution Act 1867 – This Act, as part of the Canadian Constitution, created a federal dominion and the structures associated with a Government of Canada. Originally it united Canada, Nova Scotia, and New Brunswick under the British Crown.

Constitution Act 1982 – The Canadian Constitution gained the inclusion of the Canadian Charter of Rights and Freedoms, giving the Federal Government further independence from the British Crown.

Haida Nation v. British Columbia (2004) – This case focused on Haida land claims and duty to consult between corporation, government, and the Haida nation. The judge held that the provincial government did have a duty to consult.

Indian Act – This is the primary document for Federal Government use in establishing entitlement rights over Indian status, First Nations governance, land reserves, and funding. It is relevant only to First Nations people, excluding Inuit and Métis populations.

Jay Treaty – Article III of the treaty states that Indigenous people are entitled to pass freely between Canada and the United States for work, study, retirement, trade & commerce, or immigration purposes.

Kelowna Accord (2005) – The Accord was a plan to improve the living standards of Aboriginal people in Canada, aimed at health, education, housing and relationships between Aboriginal communities and the Federal Government.

Métis Betterment Act (1938) – The act identified land for Métis settlement in Alberta through a joint Métis-government committee, along with plans to improve the lives of Métis livelihoods in the province.

Manitoba Métis Policy – The aim of the policy is to build capacity among Métis people to tackle economic and social challenges they face, through a collaboration of the Manitoba government and the Manitoba Métis Federation.

Manitoba Métis Federation Inc. v. Canada (2013) – The case focused on Crown obligations, with a decision that stated the Crown had a fiduciary relationship with the Métis, but not a fiduciary duty.

R. v. Powley (2003) – Though originally focused on hunting rights, this case decision resulted in the ‘Powley test’, establishing criteria that would define Métis rights, and who would be entitled to those rights.

R. v. Tronson (1932) – This case examined a situation where the racial identity of an individual remained ambiguous. Tronson claimed to be Indian but lived on the reserve land of a people to which he did not belong (though his wife did), and had applied for voting rights, which was forbidden to Indians. This action was considered establishment of his status as a white man. The court determined that although he acted in both white and Indian ways, non-Aboriginal would be considered his dominant status.

Selkirk Treaty (1817) – A treaty that gifted a small section of Peguis First Nations land to the British settlers, making way for the Red River Settlement, and establishing a formal relationship between the Indigenous and settler communities.

50

ORGANIZATIONAL ABBREVIATIONS AND COMMISSIONS

Ewing Commission (1934-1936) – The commission was formed to report on Métis health, education, housing, and land issues in Alberta.

MMF – Manitoba Métis Federation

MNC – Métis National Council

MNA – Métis Nation of Alberta

RCMR – The Rupertsland Centre for Métis Research

TRC – Truth and Reconciliation Commission

UNDRIP – United Nations Declaration on the Rights of Indigenous Peoples

51

RESOURCES AND LINKS

Rupertsland Centre for Métis Research, University of Alberta

Website: https://www.ualberta.ca/native-studies/research/rupertsland-centre-for-Métis-research

Twitter: @RcmrMetis

Facebook: Rupertsland Centre for Métis Research

Faculty of Native Studies, University of Alberta https://www.ualberta.ca/native-studies

Daniels: In and Beyond the Law livestream: https://www.ualberta.ca/native- studies/research/rupertsland-centre-for-Métis-research/news-and-events/daniels/daniels-videos

Daniels v. Canada (Indian Affairs and Northern Development) https://scc-csc.lexum.com/scc- csc/scc-csc/en/item/15858/index.do

Métis Nation of Alberta http://albertaMétis.com/

Rupertsland Institute http://www.rupertsland.org/

Handbook on Understanding and Implementing the UN Declaration of Indigenous Rights http://ww.indigenousbar.ca/pdf/undrip_handbook.pdf

Métis Treaties Project http://www.Métistreatiesproject.ca/

52