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Manitoba Metis Federation (MMF) – Part 3

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Manitoba Metis Federation (MMF) – Part 3 MMTP CEC Hearing Presentation Exhibits by Participant • Manitoba Metis Federation (MMF) – Part 3 o MMF-003 Written Submissions of the MMF_Part2 41 40 Manitoba Metis Federation Governance Structure Thompson Region 47 52 46 44 48 54 50 53 81. St. Labre 37 82. St. Malo 83. Ste. Rita 84. Stoney Point 38 55 30 85. Traverse Bay 86. Vassar 45 28 The Pas 42 35. Prairie Mountain 87. Victoria beach 36. Red Deer Lake 88. Woodridge Region 37. Sherridon 27 38. Snow Lake Southwest Region 51 39. The Pas 89. Amaranth 90. Assiniboine 49 Thompson Region 91. Binscarth/Ste Madeleine Birtle 39 43 40. Brochet 92. Cherry Creek Metis Council 33 41. Churchill 93. Erickson/Wapiti 42. Cross Lake 94. Fort Ellice 43. Garden Hill 95. Grand Valley 44. Gillam 96. Les Metis 45. God’s Lake 97. Pelly Trail/Russell 31 29 46. Leaf Rapids 98. Pembina River 36 47. Lynn Lake 99. Portage 26 Northwest Region 48. Nelson House 100. Rivers 25 34 1. Bacon Ridge 49. Norway House 101. Snake Creek 35 32 2. Birch River 50. Pikwitonei 102. St. Ambroise 3. Briggs Spur/Cowan 51. Red Sucker Lake 103. St. Eustache 2 4. Camperville 52. South Indian Lake 104. St. Marks 69 5. Crane River 53. Thicket Portage 105. Turtle Mountain 7 6. Dauphin Amisk 54. Thompson 106. Westman 23 14 7. Duck Bay 55. Wabowden 3 Southeast 4 12 8. Gilbert Plains/Grandview Winnipeg Region 17 Interlake Region 9. Eddystone Interlake Region 107. Blueberry 24 10. Little Muddy Waters 56. Ashern 108. Bosco 61 10 Region 22 11. Manitoba House 57. Eriksdale 109. Catfish 20 5 12. Mallard 58. Hodgson 110. Conseil Elzéar Goulet 21 Northwest 18 13. McCreary 59. Lundar 111. Dakota 16 Region 14. Minitonas 60. Madeline Armstrong 112. Dumont 8 6 56 58 78 15. Reedy Creek 61. Matheson Island 113. Fontaine 9 19 74 16. Roblin 62. Riverton 114. Gilbert Park 1 68 62 17. Rock Ridge 63. St. Laurent 115. Heritage Proud 11 15 97 57 18. Rorketon 64. Scotch bay 116. Infinity 13 64 19. Ste Rose 65. Selkirk 117. Keenleyside 91 59 87 85 20. San Clara/Boggy Creek 66. Stonewall 118. Kinew 89 94 93 70 76 21. Shell River Metis Assoc. 67. Teulon 119. Liberty 90101 60 84 22. Spence Lake 68. Vogar 120. Metis Elders 63 67 96 23. Swan River 121. Michif 102 72 24. Waterhen Southeast Region 122. New Horizons 66 65 100 104 69. Berens River 123. Point Douglas 99 The Pas Region 70. Grand Marais 124. Prairie Buffalo 106 95 103 83 25. Baden 71. La Broquerie 125. Red River Southwest 73 26. Barrows 72. Lac Du Bonnet 126. Redboine Winnipeg 80 77 27. Cormorant 73. Lorette 127. Riel Region Region 71 28. Cranberry Portage 74. Manigotagan 128. Seven Oaks 98 75 29. Easterville 75. Marchand 129. South Central 107 81 92 to 82 88 30. Flin Flon 76. Powerview 130. Spruce 134 105 31. Grand Rapids 77. Richer 131. St. Norbert 86 79 32. Mafeking 78. Seymourville 132. St. Vital North 33. Moose Lake 79. South Junction 133. Winnipeg North 34. Pelican Rapids 80. St. Adolphe 134. Winnipeg West 326 © Manitoba Metis Federation 2012 Believe in Yourself – Believe in Metis Resolution No. 8 WHEREAS: Governments and Industry continue to inadequately consult and accommodate the Metis Nation’s Manitoba Metis Community interests via its self-government representative, the MMF. WHEREAS: There continues to be large developments underway in Manitoba including forestry, mining and hydroelectric developments in which the Metis Nation within Manitoba continues to be left out of development opportunities. WHEREAS: Additions to Reserve Lands under Treaty Land Entitlement and Northern Flood Agreement may affect the lands traditionally and currently used and occupied by the Manitoba Metis and that Governments have not consulted and accommodated the Metis Nation’s interest. WHEREAS: The Crown and industry have parts to play in ensuring environmental legislation and constitutional rights are respected and adhered to in consulting with and accommodating the Metis community. WHEREAS: With Goodon and other harvesting for food cases will delineate the Metis Right once they have made their way through the courts. WHEREAS: Our Metis Rights are at least at parity with First Nations when it comes to consultations and other Aboriginal rights and we may have more Aboriginal rights including un extinguished commercial and Aboriginal Title. THEREFORE BE IT RESOLVED: In keeping with prior MMF AGA resolutions, this assembly continue to give the direction to the Provincial Home Office to take the lead and be the main contact on all consultations affecting the Metis community and to work closely with the Regions and Locals to ensure governments and industry abide by environmental and constitutional obligations to the Metis and, THEREFORE BE IT RESOLVED: That direction and mandate be given to the MMF Board to pursue legal and other actions as the Board may determine are appropriate against governments and industry in the consultation and accommodation areas to ensure that the Manitoba Metis community is fully consulted and accommodated when a decision or project is contemplated that may affect our collective Metis Rights. Moved by: Jeannette Garand Seconded by: Rosemarie Rozyk Carried Unanimously 18 Understanding Resolution 8 327 Canada FRAMEWORK AGREEMENT FOR ADVANCING RECONCILIATION BETWEEN: MANITOBA METIS FEDERATION INC. as represented by its President ("MMF") -and- HER MAJESTY THE QUEEN IN RIGHT OF CANADA as represented by the Minister of Indigenous and Northern Affairs ("Canada") (hereinafter referred to collectively as the "Parties" and individually as a "Party") WHEREAS the Metis were one of the Aboriginal peoples who lived in the Northwest prior to Canada's westward expansion following Confederation; WHEREAS these Metis people referred to themselves and were recognized by others as the Metis Nation, and trace their roots to the western fur trade; WHEREAS within what is now known as Manitoba the Metis Nation established a vibrant community with its own identity, language, culture, institutions and way of life centered in the Red River Valley (the "Manitoba Metis Community"); WHEREAS Canada's assertion of control over the Red River Settlement was met with armed Metis resistance that resulted in Canada and a Metis-controlled provisional government entering into negotiations and a constitutional compact that ultimately led to the Manitoba Metis Community becoming Canada's negotiating partner in the entry of Manitoba into Confederation and the passage of the Manitoba Act, 1870; WHEREAS the Manitoba Act, 1870 included a solemn constitutional obligation that Canada would provide 1.4 million acres of land to the children of the Metis who were living in the Red River Valley in a prompt and effectual manner for the purpose of ensuring the Manitoba Metis Community secured a lasting place in the province they were negotiating partners in creating; 328 WHEREAS in the period following Manitoba's entry into Confederation the constitutional commitment represented to the Manitoba Metis Community in section 31 of the Manitoba Act, 1870 was not implemented by Canada with care or diligence; WHEREAS section 35 of the Constitution Act, 1982, states that "the existing aboriginal and treaty rights of the aboriginal peoples of Canada are hereby recognized and affirmed" and "the 'aboriginal peoples of Canada' includes the Indian, Inuit and Metis peoples"; WHEREAS the Supreme Court of Canada has noted that section 35 of the Constitution Act, 1982, calls for a process of reconciliation between the Crown and Aboriginal peoples through which the constitutionally-protected rights and outstanding claims of Aboriginal peoples are determined, recognized and respected through honourable negotiations with the goal of reaching just and lasting settlements; WHEREAS on April 15, 1981 the MMF commenced litigation against Canada in relation to, among other things, section 31 of the Manitoba Act, 1870 for the purpose of securing a judicial declaration to assist it in extra-judicial negotiations with the Crown in pursuit of the overarching constitutional goal of reconciliation that is now reflected in section 35 of the Constitution Act, 1982; WHEREAS on March 8, 2013, the Supreme Court of Canada released its decision in Manitoba Metis Federation Inc. v. Canada (AG) and held "[t]he unfinished business of reconciliation of the Metis people with Canadian sovereignty is a matter of national and constitutional import" and issued a declaration "[t]hat the federal Crown failed to implement the land grant provision set out in section 31 of the Manitoba Act, 1870 in accordance with the honour of the Crown"; WHEREAS the Supreme Court of Canada recognized that the claim of the Manitoba Metis Community was "not a series of claims for individual relief' but a "collective claim for declaratory relief for the purposes of reconciliation between the descendants of the Metis people of the Red River Valley and Canada" and went on to grant the MMF standing by concluding "[t]his collective claim merits allowing the body representing the collective Metis interest to come before the court"; WHEREAS the Manitoba Metis Community also asserts that it has Aboriginal rights protected within the meaning of section 35 of the Constitution Act, 1982, including but not limited to harvesting rights, which require reconciliation; WHEREAS Canada is committed to working, on a nation-to-nation, government-to­ government basis, with the Metis Nation, through bilateral negotiations with the MMF, in order to advance reconciliation and renew the relationship through cooperation, respect for Metis rights, and ending the status quo; 2 329 WHEREAS the Parties executed a Memorandum of Understanding
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