Challenging the Liberal Order Framework: Natural Resources and Métis Policy in Alberta and Saskatchewan (1930 – 1948) by Nicole Colleen O’Byrne B.Sc., Queen’s University 1996 LL.B., University of Saskatchewan, 2001 B.A., University of Regina, 2003 LL.M., McGill University, 2006 A Dissertation Submitted in Partial Fulfilment of the Requirements for the Degree of DOCTOR OF PHILOSOPHY in the Faculty of Law © Nicole Colleen O’Byrne, 2014 University of Victoria All rights reserved. This dissertation may not be reproduced in whole or in part, by photocopying or other means, without the permission of the author. Challenging the Liberal Order Framework: Natural Resources and Métis Policy in Alberta and Saskatchewan (1930 – 1948) by Nicole Colleen O’Byrne B.Sc., Queen’s University 1996 LL.B., University of Saskatchewan, 2001 B.A., University of Regina, 2003 LL.M., McGill University, 2006 Supervisory Committee: Professor Hamar Foster, Co-supervisor (Co-supervisor, Faculty of Law) Dean Jeremy Webber, Co-supervisor (Co-supervisor, Faculty of Law) Dr. James Lawson (Outside Member, Department of Political Science) Dr. Ken Hatt (2006-2012)(deceased) (Outside Member, Department of Sociology) ii Supervisory Committee: Professor Hamar Foster, Co-supervisor (Co-supervisor, Faculty of Law) Dean Jeremy Webber, Co-supervisor (Co-supervisor, Faculty of Law) Dr. James Lawson (Outside Member, Department of Political Science) Dr. Ken Hatt (2006-2012)(deceased) (Outside Member, Department of Sociology) ABSTRACT The British North America Act, 1930 (the Natural Resources Transfer Agreements or NRTAs) marked the end of a lengthy battle between the provincial governments of Saskatchewan, Alberta, and Manitoba and the federal government of Canada. Prior to 1930, the provincial governments did not have administrative control over their natural resources, which were managed by the federal Department of the Interior. As a result, the three prairie provinces did not share equal constitutional status with the other Canadian provinces that did control their own resources. Under the terms of the new constitutionalized intergovernmental agreements the provincial governments agreed to fulfil all of the federal government’s continuing obligations to third parties after the transfer. One of these obligations was the redemption of Métis scrip issued by the federal government to extinguish the Métis share of Aboriginal land title. After the transfer, however, the provinces resisted granting more land to satisfy what they considered to be iii a federal obligation. The provinces refused to redeem Métis scrip entitlements and the federal government did not enforce the terms of the NRTAs. Both the federal and provincial governments failed to live up to the terms of the constitutional agreement and the Métis scrip issue fell through the jurisdictional cracks of Canadian federalism. This dissertation examines the historical context and consequences surrounding the Alberta and Saskatchewan government’s failure to recognize Métis scripholders’ rights-based claims to land. Each provincial government pursued different avenues with respect to natural resources and Métis policies. The purpose of this study is to examine the different phases of policy development in each province in light of the general failure of recognition. The transfer of control and administration of the public domain from one level of government to another provides interesting insights into the history of government-Aboriginal relations in Canada. Aboriginal people (including Métis) were not consulted during the negotiations leading up to the NRTAs; nevertheless (or perhaps as a result), the transfer agreements were a catalyst for political organization in several Métis communities. Métis who had been living on federal crown land were concerned that the transfer of lands to the provinces would negatively impact their right to pursue traditional livelihoods such as hunting, fishing and trapping. In Alberta, the NRTAs sparked the formation of the Métis Association of Alberta, a political lobbying group that advocated recognition of historical claims to land. During this period, parallel Métis living in Saskatchewan and Manitoba created parallel organizations. These political groups represent some of the earliest attempts by Aboriginal people in the prairie provinces to voice their concerns and influence government policy. There are three recurrent themes in this study. First, land appears as a point of convergence for Métis claims and an alternative to the distribution of government social iv assistance due to high levels of unemployment. Second, Métis political organizing affects government policy-making. Third, the thesis notes the marked change in policy direction by the Co-operative Commonwealth Federation (CCF) government in Saskatchewan after its election in 1944. The CCF introduced natural resources policies based on social democratic principles such as collective marketing. This approach was a marked departure from the liberal approaches introduced by previous provincial governments in Alberta and Saskatchewan. v TABLE OF CONTENTS SUPERVISORY COMMITTEE……………..…………………………………………………...ii ABSTRACT……………………………………………………………………………………...iii TABLE OF CONTENTS…………………………………………………………………………vi ACKNOWLEDGEMENTS………………………………………………………………..……viii CHAPTER 1: Introduction 1.1 Introduction…………………………………………………………………………...1 1.2 Literature Review……………………………………………………………………..5 CHAPTER 2: The Federal-Provincial Debate over the Constitutional Responsibility for Métis Scrip 2.1 Introduction………………………………………………………………………….17 2.2 The Origins of Métis Scrip………………………………………………………….21 2.3 Early Interpretations of the NRTAs………………………………………………….28 2.4 The Royal Commission on the Natural Resources of Saskatchewan and Alberta (The Dysart Commissions)……...…………………………………………………..37 2.5 After the Dysart Commissions……………………………………………………....56 2.6 Conclusion…………………………………………………………………………..65 2.7 Appendix I: Paragraphs 1 and 2 of the NRTAs……………………………………...68 CHAPTER 3: ‘No other weapon except organization’: The Métis Association of Alberta and the 1938 Metis Population Betterment Act 3.1 Introduction…………………………………………………………………………70 3.2 The Natural Resources Transfer Agreements 1930: Unscrambling the Scrambled Egg………………………………………………..…73 3.3 The Royal Commission on the Condition of the Halfbreed Population of the Province of Alberta (The Ewing Commission)…………………………………………..........92 3.4 Implementation of the Ewing Commission Recommendations……………………100 3.4 Conclusion…………………………………………………………………………110 CHAPTER 4: ‘With all the logic and power possible’: Pursuing Métis Claims in Saskatchewan 4.1 Introduction………………………………………………………………………...112 4.2 The Read Report…………………………………………………………………...116 4.3 The Saskatchewan Métis Society and the Provincial Liberals…………………….121 4.4 The Hodges and Noonan Legal Opinion…………………………………………..137 vi 4.5 Epilogue……………………………………………………………………………145 CHAPTER 5: Piecemeal Policy-Making: The Northern Saskatchewan Conservation Board and the Green Lake Métis Settlement 5.1 Introduction………………………………………………………………………...147 5.2 The ‘Great Trek North’…………………………………………………………….148 5.3 The Northern Saskatchewan Conservation Board (NSCB)………………………..153 5.4 The NSCB 1939 Annual Report…………………………………………………...155 5.5 The Collapse of the NSCB…………………………………………………………161 5.6 The Green Lake Métis Settlement…………………………………………...…….167 5.7 Conclusion……………………………………………………………………...….176 CHAPTER 6: Pursuing Economic Democracy: The CCF’s First Term (1944-1948) 6.1 Introduction…………………………………………………………….………….179 6.2 The CCF, the SMS and the 1946 Metis Conference…………………………........180 6.3 The CCF Government and the Green Lake Métis Settlement…………………….194 6.4 The CCF and Collective Marketing……………………………………………….208 6.4.1 The Saskatchewan Fur Marketing Service (SFMS)……………………..209 6.4.2. Fur Conservation Blocks………………………………………………..217 6.4.3 The Northern Fur Conservation Agreement, 1946………………………223 6.4.4 The CCF’s Northern Fisheries Policy……………………………………224 6.4.5. The Antigonish Model of Co-operative Development…………………..228 6.4.6. The Royal Commission on the Fisheries of Saskatchewan, 1947…….....231 6.4 Conclusion…………………………………………………………………………233 CHAPTER 7: Conclusion 7.1 Challenging the Liberal Order Framework………………………………………. 235 BIBLIOGRAPHY……………………………………………………………………………...246 vii ACKNOWLEDGEMENTS First, I need to thank Dean Jeremy Webber and Professor Hamar Foster, whose supervision and guidance were instrumental in the production of this dissertation. I would also like to thank my mentor Dr. Ken Hatt for his wisdom and support. He is dearly missed. I owe a large debt to Dr. James Lawson for stepping into this project at a late stage. I very much appreciate the time and effort he put into the project. Thank you to Dr. Jim Miller for serving as my external examiner. Second, I would like to thank all of the staff at the Glenbow Archives, the Provincial Archives of Alberta, the Saskatchewan Archives Board, Library and Archives Canada, the Legislative Library of Alberta and the Legislative Library of Saskatchewan. Without your help, I would never have been able to navigate through all of the historical documents referenced in this dissertation. I would also like to thank the many people with whom I have discussed various aspects of this project over the years. A special thank you to former Saskatchewan Premier Allan Blakeney for agreeing to be interviewed for the project. I would also like to thank the many professors who have inspired me over the years: Dr. W. H. (Howie) McConnell, Dr. J. William