MMTP CEC Hearing Presentation Exhibits by Participant • Manitoba Metis Federation (MMF) – Part 2 o MMF-003 Written Submissions of the MMF_Part1 MANITOBA CLEAN ENVIRONMENT COMMISSION IN THE MATTER OF section 6(5)(b) of the Environment Act, C.C.S.M. c. E125; AND IN THE MATTER OF a review by the Clean Environment Commission (“CEC”) of the Environmental Impact Statement for the Manitoba Hydro Manitoba-Minnesota Transmission Project (the “Project”) pursuant to the Terms of Reference of the Minister of Sustainable Development dated December 31, 2016, and updated on February 15, 2017. WRITTEN SUBMISSIONS OF THE MANITOBA METIS FEDERATION (“MMF”) Dated: May 23, 2017 Manitoba Metis Federation PAPE SALTER TEILLET LLP 300-150 Henry Avenue 546 Euclid Avenue Winnipeg, Manitoba, R3B 0J7 Toronto, ON M6G 2T2 David Chartrand, President Jason Madden Tel.: 204-586-8474 Tel.: 416-916-3853 Fax: 204-947-1816 Fax: 416-916-3726 [email protected] Zachary Davis Tel.: 416-238-7987 Fax: 416-916-3726 [email protected] Megan Strachan Tel.: 647-827-1697 Fax: 416-916-3726 [email protected] Written Submissions of the Manitoba Metis Federation Table of Contents Tab Item 1. Alberta (Aboriginal Affairs and Northern Development) v Cunningham, [2011] 2 SCR 670, [2011] SCJ No 37 2. Manitoba Metis Federation Inc v Canada (Attorney General), [2013] 1 SCR 623, [2013] SCJ No 14 3. Arthur J. Ray, Métis Economic Communities and Settlements in the 19th Century (University of British Columbia, August 2005) 4. Gwynneth C.D. Jones, The Métis of Southern Manitoba in the Nineteenth Century: A Historical Report, prepared for the Manitoba Métis Federation (1 September 2005) 5. R v Goodon, 2008 MBPC 59, [2009] MJ No 3 6. Map of “Fur Trade Routes and Trading Posts, Pre 1870 7. Copy of the Laws and Regulations Established for the Colony of St. Laurent on the Saskatchwan (1873) (the “Laws of the Prairies”) 8. Manitoba Metis Federation, Metis Laws of the Harvest, “Guide to Metis Hunting, Fishing, Trapping and Gathering” (revised 3d ed) 9. Manitoba Metis Federation, Constitution (16 November 2014) 10. Manitoba Metis Federation, “Governance Structure” (2012) 11. Manitoba Metis Federation, Resolution No. 8 12. Framework Agreement for Advancing Reconciliation, between Manitoba Metis Federation and the Her Majesty the Queen in Right of Canada (15 November 2016) 13. Canada-Métis Nation Accord between Her Majesty the Queen in Right of Canada and the Metis Nation (13 April 2017) 14. Manitoba Metis Federation, “Metis Locals in the Vicinity of the Project” 15. Thomas Isaac, A Matter of National and Constitutional Import: Report of the Minister’s Special Representative on Reconciliation with Métis: Section 35 Métis Rights and the Manitoba Metis Federation Decision (14 June 2016) 16. R v Powley, [2003] 2 SCR 207, [2003] SCJ No 43 i Written Submissions of the Manitoba Metis Federation Table of Contents Tab Item 17. Manitoba Government-Manitoba Metis Federation Points of Agreement on Metis Harvesting in Ontario (29 September 2012) 18. Government of Manitoba, Map of Recognized Areas for Metis Natural Resource Harvesting 19. Government of Manitoba, “Domestic timber harvest for Aboriginal/Treaty rights Holders” (4 October 2010) 20. Manitoba Act, 1870, 33 Victoria, c 3, section 31 21. Map of 1870 Provincial Boundary 22. Agreement between the Inuit of the Nunavut Settlement Area and Her Majesty the Queen in Right of Canada, Article 26 23. Land Claims Agreement between the Inuit of Labrador and Her Majesty the Queen in Right of Canada, Chapters 6 and 7 24. Land Claims and Self-Government Agreement among the Tlicho and the Government of the Northwest Territories and the Government of Canada, Chapter 23 25. Comprehensive Land Claim Agreement between Her Majesty the Queen in Right of Canada and the Gwich’in as Represented by the Gwich’in Tribal Council, Chapter 9 26. Final Agreement between the Maa-Nulth First Nations, Her Majesty the Queen in Right of Canada, and the Government of British Columbia, Chapter 17 27. Comprehensive Land Claim Agreement between the Sahtu Dene and Metis and Her Majesty the Queen in Right of Canada, Chapter 10 28. Land Claims and Self-Government Agreement among the Tlicho and the Government of the Northwest Territories and the Government of Canada, Chapter 26 29. Comprehensive Land Claim Agreement between the Sahtu Dene and Metis and Her Majesty the Queen in Right of Canada, Chapter 12 30. Comprehensive Land Claim Agreement between Her Majesty the Queen in Right of Canada and the Gwich’in as Represented by the Gwich’in Tribal Council, Chapter 10 31. Province of British Columbia, “First Nations Clean Energy Business Fund Revenue Sharing Agreements” (accessed on 23 May 2017) ii Written Submissions of the Manitoba Metis Federation Table of Contents Tab Item 32. Revenue Sharing Agreement between Her Majesty in Right of the Province of British Columbia and the Kwantlen First Nation (29 March 2017) 33. Province of British Columbia, “Forest Consultation and Revenue Sharing Agreements” (accessed on 23 May 2017) 34. Forest & Range Consultation and Revenue Sharing Agreement between Adams Lake Indian Band and Her Majesty the Queen in Right of British Columbia (23 April 2012) 35. Province of British Columbia, “Natural Gas Pipeline Benefit Agreements” (accessed on 23 May 2017) 36. Prince Rupert Gas Transmission Project Natural Gas Pipeline Benefits Agreement between Her Majesty in Right of the Province of British Columbia and Gitanyow Nation (27 December 2014) 37. Government of Ontario, “Ontario’s Long-Term Energy Plan” (December 2013) 38. Government of Ontario, “Energy Partnerships Program (EPP)” (27 June 2016) 39. IESO, “Energy Partnership Program Partnership Rules” (13 June 2016) 40. Letter from the Minister of Energy to Ontario Power Authority, dated August 25, 2011 41. Government of Ontario, “History of the Energy Support Programs” 42. The Path to Reconciliation Act, SM 2016, c 5 43. Contribution Agreement for Manitoba Metis Federation Engagement on the Manitoba- Minnesota Transmission Project between Manitoba Metis Federation and the Manitoba Hydro-Electric Board (12 January 2016) (redacted) iii MANITOBA CLEAN ENVIRONMENT COMMISSION IN THE MATTER OF section 6(5)(b) of the Environment Act, C.C.S.M. c. E125; AND IN THE MATTER OF a review by the Clean Environment Commission (“CEC”) of the Environmental Impact Statement for the Manitoba Hydro Manitoba-Minnesota Transmission Project (the “Project”) pursuant to the Terms of Reference of the Minister of Sustainable Development dated December 31, 2016, and updated on February 15, 2017. WRITTEN SUBMISSIONS OF THE MANITOBA METIS FEDERATION (“MMF”) The Manitoba Métis: Canada’s Partner in Confederation 1. The Manitoba Metis Community is a part of a larger Aboriginal people―the Métis Nation―that emerged from the descendants of unions between European traders and explorers and Aboriginal women in what was historically known as the ‘Northwest.’ While not defined with precision, the ‘Northwest’ was described from a geographic perspective centered in Montreal and what was then known as Upper Canada (i.e., the Prairies were ‘north’ and ‘west’ of those central Canada locations). This history was acknowledged by the Supreme Court of Canada in Cunningham v. Alberta, 2011 SCC 37, a copy of which is attached to these submissions at Tab 1: [5] The Métis were originally the descendants of eighteenth-century unions between European men—explorers, fur traders and pioneers—and Indian women, mainly on the Canadian plains, which now form part of Manitoba, Saskatchewan and Alberta. Within a few generations the descendants of these unions developed a culture distinct from their European and Indian forebears. In early times, the Métis were mostly nomadic. Later, they established permanent settlements centered on hunting, trading and agriculture. The descendants of Francophone families developed their own Métis language derived from French. The descendants of Anglophone families spoke English. In modern times the two groups are known collectively as Métis. 2. In Manitoba Metis Federation v. Canada 2013 SCC 14 (the “MMF Case”), a copy of which is attached to these submissions at Tab 2, the Supreme Court of Canada recognized that the Manitoba Métis were one of the “[I]ndigenous peoples” who were 1 living in the “western territories” as the new country of Canada began its westward expansion following Confederation in 1867 (para. 2). 3. Our people emerged with our own nationhood, identity, culture, traditions and language (Michif) in the Northwest in the early 1800s. The story of the Battle of Seven Oaks in 1816 is our origin story and was the first of many self-government and rights assertions by our people in our Homeland, including the Sayer trial, the Battle of Grand Couteau, the Red River Resistance, land related petitions, the Battle of Batoche, among many others. The history of the Métis Nation, and in particular of the Manitoba Metis Community, is set out in greater detail in the report of Dr. Arthur Ray entitled “Métis Economic Communities and Settlements in the 19th Century”, a copy of which is attached to these submissions at Tab 3, and the report of Gwynneth Jones entitled “The Métis of Southern Manitoba in the Nineteenth Century: A Historical Report,” a copy of which is attached to these submissions at Tab 4. Both of these reports were filed as evidence and relied on by the court in R. v. Goodon, 2008 MBPC 59, a copy of which is attached to these submissions at Tab 5. 4. Similar to Indian peoples (i.e., First Nations), our ancestors lived, used and relied on our Homeland and were in possession of their lands. Our people had our own government, laws and traditions that were rooted in our lands and nationhood. This Métis perspective was reflected in Louis Riel’s writings in 1885: When the Government of Canada presented itself at our doors it found us at peace.