Métis Self-Government in Alberta
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I Metis I Self-G ' in Allberta ovePnment 'I I I 'I , I I I � I• �� I '6t ,< � Js as . ))' ijI ,i 'i.&ti. 1111 t ia. if ht ·i'lj I ta METIS SELF-GOVERNMENT IN ALBERTA PRINCIPLES AND PARAMETERS • • METIS ASSOCIATION OF ALBERTA OCTOBER 1986 PRINCIPLES & PARAMETERS OF METIS SELF- GOVERNMENT IN ALBERTA TABLE OF CONTENTS I. INTRODUCTION 1 II. PRINCIPLES FOR METIS SELF- GOVERNMENT IN ALBERTA Z ill. PARAMETERS OF METIS SELF-GOVERNMENT IN ALBERTA 8 IV. METIS PARTICIPATION IN PUBLIC INSTITUTIONS OF GOVERNMENT Z7 V. A PROCESS FOR RESOLVING METIS SELF-GOVERNING RIGHTS 30 Overlay Maps Figure 1 Proposed Political Boundaries of Metis Regional Authorities · Figure 2. Existing Political Boundaries of Metis Representative Bodies Figure 3 Proposed Metis Electoral Constituencies for Representation in Alberta Legislature L INTRODUCTION On June 3, 1985, the Alberta legislature adopted "A Resolution Concerning an Amendment to the Alberta Act". Resolution 18 endorsed a commitment of the Government of Alberta to give constitutional protection to the land title of the Metis Settlements of Alberta once the Metis Betterment Act, a provincial statute, was revised to include "appropriate criteria" for Settlement membership, land allocation, and the composition of governing bodies capable of holding land. It also recognized a principle that the Metis people of Alberta should define and propose fair and democratic criteria in these matters. In July, 1986, the Alberta Federation of Metis Settlement Associa tions (AFMSA) responded to Resolution 18 with the release of proposals for new provincial legislation ("By Means of Conferences and Negotiations We Ensure our Rights"). The Metis Association of Alberta (MAA) has recently informed the Province ·that it will need adequate resources and a process to involve its membership in the review and reform of the provincial legislation which affects the entire Metis population of Alberta. It should be stressed that MAA constituents off the Settle ments will be directly affected by the criteria and procedures relating to applications for membership and land allocation, and the adjudi cation of disputes in these matters. Likewise, those criteria and proce dures applying to disqualification and termination of membership and land tenure rights would also have a great impact on MAA membership as those individuals subject to these measures would become the responsi bility of the MAA. It is not the purpose of this paper to provide a detailed response to the proposed criteria and procedures for membership and land alloca tion which have been advanced to date. This must await further research -2- and analysis of the legal implications of these proposals, thorough consul tation of MAA members, and an exchange of views with the AFMSA and appropriate provincial ministries. What this paper intends to do is to present the principles and parameters of Metis self-government in Alberta, distilled from the work of the MAA and Metis National Council (MNC) in the constitutional process to date. In the process, it will estab lish a framework within which the form and substance of Metis self government as set out in Resolution 18 and the AFMSA proposals can best be evaluated. As well, it will identify the critical elements of self-government agreements which the MAA believes should be given constitutional protection once a self-government amendment is in place. ll. PRINCIPLES FOR METIS SELF-GOVERNMENT IN ALBERTA The MAA believes that the following principles should guide the establishment of Metis self-government in Alberta: there should be legal recognition of democratic political institu tions established by the Metis people of Alberta; this legal recognition should include the power of Metis political institutions to establish and amend their own internal constitu tions; Metis political institutions should be vested with authority appropriate to their circumstances; and there should be adequate resourcing of Metis political institution. - 3 - 1) Legal Recognition of Metis Political Institutions The commitment of the Government of Alberta to revise the Metis Betterment Act to include democratic governing bodies for the manage ment and governance of Metis Settlements represents a starting point for the construction of Metis self-government in Alberta. However, this initiative must be expanded in nature and scope if it is to match the aspirations of the Metis population of Alberta. For one, Resolution 18 presupposes the establishment of a dependent form of government with delegated powers only and does not accommodate the need expressed by all aboriginal peoples for constitutional protection of their governing bodies and the jurisdictions of these bodies. For another, it applies only to those governing bodies which serve the small minority of the Metis population of Alberta residing on Metis Settlements. This last concern must be underscored for the Province has thus far not shown a will to confer legal recognition, statutory or constitu tional, on Metis political institutions off Settlements. There has been a conceptual tendency to limit the rights of Metis, as a distinct people, to Settlement areas. Those Metis off a land base have · been viewed as citizens like any other or, at the most, as a disadvantaged minority entitled to equality of opportunity rather than self-determination. A great injustice would be committed if this view was to prevail during further discussions on Metis self-government in Alberta. Metis people throughout Alberta have expressed a desire for greater control over their own affairs and institutions. As long as the MAA and its regional councils are relegated to the ranks of non-profit societies under the Societies Act and are forced to rely on government grants for funding, Metis people will be denied the authority and resources to exercise autonomy in the management of their affairs and institutions. Any equitable approach to resolving this long outstanding issue must - 4 - start with the premise that all Metis have the right to establish political institutions of their own choosing while taking into account that the nature and extent of the authority being sought by Metis will vary accord ing to circumstance. 2) The Power to Establish and Amend Internal Constitutions A cornerstone to the exercise of autonomy by Metis people on and off a land base is their ability to determine the internal governing structures and procedures through which powers set out in law can be exercised. Any statutory or constitutional recognition of Metis self government must respect the right of Metis political institutions to establish and amend their own constitutions and should provide for these constitutions or amendments thereto to be given legal force. These internal constitutions would be empowered to: establish the composition of governing bodies; establish qualifications and procedures applying to the election of members of governing bodies; establish the tenure of members of governing bodies and grounds/ procedures for their removal; establish the procedures to be adopted by governing bodies in exercising powers and carrying out duties; set out procedures for ensuring financial accountability of the governing bodies to their constituents; set out powers of the governing bodies selected from among - 5 - the general classes of authorities set out in the legislation or self-government agreement establishing governing bodies; establish criteria anci procedures for membership including procedures for adjudicating disputes; set out the formula for amending the internal constitution. With an ability to set and amend their own internal constitutions, Metis self-governing institutions could exercise powers in a manner consistent with Metis political culture. A major aspect of government paternalism would be removed as the decisions surrounding the form and functioning of Metis political institutions would be made by the Metis people themselves. Moreover, any changes to internal decision making structures and procedures would be made by the Metis according to an amending formula built into the internal constitution rather than by the provincial or federal governments through amendments to their legislation. The self-government proposal of the AFMSA falls short of the principle enunciated in this section because of the range of internal matters which it makes subject to the ongoing legislative authority of the Province of Alberta. In fact, a large part of the Metis Settlements Act proposed by AFMSA consists of specific provisions for internal governing bodies and related rules and procedures which can be changed only by amendment to the legislation and not by the Metis Settlers themselves. Most of these matters would better fit within an internal constitution with legal force and its own amending formula enabling the Metis people themselves to bring about internal political change. An important precedent in this area is being set by federal legislation permitting the Sechelt Indian Band to move towards Indian self-govern ment pursuant to its own internal constitution. - 6 - 3) Variation in Authority According to Circumstances A third guiding principle for the establishment of Metis self-govern ment in Alberta recognizes that the nature and extent of the jurisdictions of Metis self-governing institutions will vary according to the circum stances of Metis people. Metis government on an ethnically exclusive land base can be vested with legislative authority and the Metis people in this situation will be subject to