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President's Report.Indd MÉTIS RIGHTS UPDATE Métis Nation of Alberta Annual General Assembly Métis Rights Update August 2016 This past year we have seen some exciting changes and developments - both provincially and nationally - that we hope will lead to signifi cant progress and new mandates and negotiations on Métis rights and outstanding claims here in Alberta. From the election of the Liberal party as the new federal Government and commitments identifi ed in their “Métis Policy Platform” to the historic Supreme Court of Canada ruling in Daniels v. Canada to the report by Canada’s Ministerial Special Representative on Métis Section 35 Rights which pioneers groundbreaking recommendations, we have many exciting and new opportunities available to us that we must seize on in order to advance our Métis rights agenda. In order to be successful though, we must work - together. The MNA is the government of the Métis Nation in Alberta and has the clear mandate to deal with outstanding Métis rights and claims for all Métis in this province. Our Locals, Regions and Provincial Council must work together to eff ectively represent all Alberta Métis. We are one Métis Nation - one Métis people. We must advance our rights on that basis. And, we will, by working - together. This document has been developed to provide the MNA Annual General Assembly with an update on what has happened over the last year with respect to Métis rights, what the MNA is currently working on with respect to Métis rights and what is on the horizon for the remainder of 2016 and 2017. Page 3 | Métis Nation of Alberta 88th Annual General Assembly TABLE OF CONTENTS Section 1: The Liberal Party Campaign Platform..................................................................Page 4 Section 2: United Nations Declaration on the Rights of Indigenous People.................Page 7 Letter from Premier Notley - July 7.............................................Page 8 Métis Nation of Alberta Directives for the Implementation of the United Nations Declaration on the Rights of Indigenous People.................................................................................................Page 10 Section 3: ‘Another Chapter in the Pursuit of Reconciliation and Redress’... A Summary of Daniels v. Canada at the Supreme Court of Canada.........................................................................................................................Page 17 Section 4: Ministerial Special Representative on Section 35 Métis Rights Key Findings......................................................................................................................Page 25 Section 5: Métis Harvesting in Alberta...................................................................................Page 31 Letter to the Honourable Shannon Phillips from MNA President Audrey Poitras - March. 13...........................................................Page 32 Letter to the Honourable Shannon Phillips from MNA President Audrey Poitras - June. 20.............................................................Page 34 Critique of the Government of Alberta’s “Métis Harvesting in Alberta” Policy based on the United Nations Declaration on the Rights of Indigenous Peoples, the Crown’s Constitutional Duties and Section 35 of the Constitution Act, 1982. ........................Page 37 Section 6: Manitoba Métis Federation/Government of Canada MoU...........................Page 45 Métis Rights Update 2015-2016 | Page 4 SECTION 1 The Liberal Party Campaign Platform ADVANCING AND ACHIEVING RECONCILIATION FOR THE MÉTIS NATION The Métis are one of this country’s three constitutional- •••Work with ly-recognized Indigenous Peoples. Over the last several Métis people, as well as years, courts have repeatedly recognized that Métis the provinces and territo- communities possess Aboriginal rights protected by s. 35 ries, to establish a federal of the Constitution Act, 1982, and that certain Métis com- claims process that sets out a munities have outstanding claims with the Crown. framework to address Métis rights protected by s. 35 The unique rights and claims of of the Constitution the Métis Nation require the Act, 1982, recognize federal government – in collabo- IMPROVING MÉTIS Métis self-government, and ration with Métis people, the resolve outstanding Métis provinces, and territories – to QUALITY OF LIFE claims against the Crown. meaningfully engage, negotiate, REQUIRES DISTINCT and reach just and lasting settle- AND INNOVATIVE •••Convert current year-to-year ments with Métis communities. APPROACHES, AND funding — made available to This is essential to how reconcilia- REAL PARTNERSHIP provincial Métis communities for tion will be meaningfully 0«WLV LGHQWLĆFDWLRQ DQG UHJLVWUD- advanced and achieved with the WITH THE MÉTIS tion — into a permanent initiative. Métis Nation. NATION, AS WELL AS This will provide an ongoing and THE PROVINCES AND reliable base of funding for these A Liberal government will: TERRITORIES. groups to undertake this import- ant work of identifying Métis •••Immediately establish a nego- rights-holders. tiations process between Canada and the Manitoba Métis Federation in order to settle the Strengthening economic outcomes outstanding land claim of the Manitoba Métis communi- and opportunities ty, as recognized by the Supreme Court of Canada in Manitoba Métis Federation v. Canada (AG). Métis individuals and communities face unique socio-economic issues and challenges based on their Page 7 SECTION 2 United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) Page 8 Page 9 Page 10 Métis Nation of Alberta United Nations Declaration on the Rights of Indigenous People (UNDRIP) Implementation Analysis in Relation to the Recognition and Respect for Métis Rights in Alberta In January 2016, the MNA submitted a report to the provincial government titled Directives for the Implementation of the United Nations Declaration on the Rights of Indigenous People. Drawing on legal expertise from our Lawyer Jason Madden of Pape Salter Teillet LLP, the report off ers recommendations to advance Métis rights in Alberta. The intent of the analysis that follows is to: (1) Establish the parameters to determine the relevance, effi ciency and eff ect of the Government of Alberta’s current approach to recognition and respect for Métis rights in consideration of Constitutional provision and the United Declaration of Rights of Indigenous People. (2) Provide remedial directives to the Government of Alberta to ensure the rights, recognition and respect of Métis rights are consistent with the law. UNDRIP DOMESTIC LAW ALBERTA'S APPROACH REMEDIAL DIRECTIVE Recognition and Respect of the Métis as an Indigenous People The United Nations has “In this Act, “aboriginal peoples of Métis rights currently The Government of Alberta and recognized the Métis as one of Canada” includes the Indian, Inuit receive insuffi cient formal the MNA will ensure recognition Canada’s Indigenous peoples and Métis peoples of Canada.” acknowledgment and recognition and respect for Métis rights. within the meaning of UNDRIP: (Constitution Act, 1982, s. 35(2)) from the government of Alberta, including, a lack of concrete “Over 1.4 million of Canada’s “The purpose and the promise Metis-specifi c rights affi rmation overall population of of s. 35 is to protect practices measures or policies, limiting approximately 32.9 million (4.3 that were historically important language in MNA-Alberta per cent) are indigenous, or in the features of these distinctive Framework Agreement, etc. terminology commonly used in communities and that persist Canada, aboriginal. Around half in the present day as integral of these are registered or “status” elements of their Métis culture.” Indians (First Nations), 30 per (R. v. Powley, [2003] 2 SCR 207 at cent are Mé tis, 15 per cent are para. 13) unregistered First Nations, and 4 per cent are Inuit.” (James Anaya, “This meant dealing with the Report of the Special Raporteur on indigenous peoples who were Indigenous Issues: the situation living in the western territories. of indigenous peoples in Canada On the prairies, these consisted (July 4, 2014) at para. 2) mainly of two groups -- the First Nations, and the … Métis.” (Manitoba Métis Federation Inc. v. Canada, [2013] 1 SCR 623 at para. 2) “States shall take eff ective “The constitutional amendments Alberta has various initiatives The Government of Alberta will measures, in consultation and of 1982 […] signal that the time has available for the recognition work with the MNA to guarantee cooperation with the indigenous fi nally come for recognition of of First Nations’ rights and the that Métis benefi t from equivalent peoples concerned, to combat the Métis as a unique and distinct enhancement of First Nations’ recognition and support as First prejudice and eliminate people.” (Alberta v. Cunningham, communities, including the First Nations. discrimination and to promote [2011] 2 SCR 670 at para. 70) Nations consultation policy, the tolerance, understanding and First Nations Development Grant good relations among indigenous Program, etc. Treatment of Métis peoples and all other segments of by government of Alberta is not society.” (UNDRIP, art. 15(2)) on par with its treatment of the provinces other indigenous people, First Nations. Page 11 UNDRIP DOMESTIC LAW ALBERTA'S APPROACH REMEDIAL DIRECTIVE Recognition of the MNA as Authorized Representative of the Métis Nation in Alberta for Purposes of Section 35 Métis Rights and Consultations “Indigenous peoples have the Métis organizations incorporated
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