aboriginal policy studies aps Foundational Document Canada-Métis Nation Accord Canada and the Métis National Council aboriginal policy studies Vol. 7, no. 2, 2019, pp. 102-110 This article can be found at: http://ejournals.library.ualberta.ca/index.php/aps/article/view/29331 ISSN: 1923-3299 Article DOI: https://doi.org/10.5663/aps.v7i2.29355 aboriginal policy studies is an online, peer-reviewed and multidisciplinary journal that publishes origi- nal, scholarly, and policy-relevant research on issues relevant to Métis, non-status Indians and urban Aboriginal people in Canada. For more information, please contact us at [email protected] or visit our website at www.nativestudies.ualberta.ca/research/aboriginal-policy-studies-aps. Canada Métis Nation Accord This Accord is effective from the 13th day of April 2017. B E T W E E N: Her Majesty the Queen in Right of Canada as represented by the Right Honourable Prime Minister - and - The Métis Nation as represented by the Métis National Council and its Governing Members: the Métis Nation of Ontario, Manitoba Metis Federation, Métis Nation-Saskatchewan, Métis Nation of Alberta and Métis Nation British Columbia (hereinafter collectively referred to as the “Parties”) WHEREAS a distinct Aboriginal people— the national and international levels to ad- the Métis Nation—emerged with its own vance issues of collective importance; collective identity, language, culture, way of life and self-government in the histor- AND WHEREAS section 35 of the Consti- ic Northwest prior to Canada’s westward tution Act, 1982, states that “the existing ab- expansion following Confederation; original and treaty rights of the aboriginal peoples of Canada are hereby recognized AND WHEREAS the Métis Nation contin- and affirmed” and “the ‘aboriginal peoples ues to exist as a distinct Aboriginal people of Canada’ includes the Indian, Inuit and today and seeks to advance and exercise Métis peoples”; its right to self-determination including self-government within Canada; AND WHEREAS in 2003 the Supreme Court of Canada in R. v. Powley recognized AND WHEREAS the Governing Members, that Métis communities, which emerged pri- through their registries and democratically or to effective control, possess Métis rights elected governance structures at the local, that are protected as Aboriginal rights in regional and provincial levels, are mandated section 35 of the Constitution Act, 1982; and authorized to represent the citizens who comprise the Métis Nation, including dealing AND WHEREAS in 2013 the Supreme with collectively held Métis rights, interests Court of Canada in Manitoba Metis Federa- and outstanding claims against the Crown; tion v. Canada (Attorney General) confirmed that the Crown is in a fiduciary relationship AND WHEREAS the Métis National Coun- with the Métis as a distinct Aboriginal peo- cil is mandated by the Métis Nation General ple and stated that “the unfinished business Assembly to represent the Métis Nation at of reconciliation of the Métis people with aboriginal policy studies, vol. 7, no. 2, 2019 102 www.nativestudies.ualberta.ca/research/aboriginal-policy-studies-aps ISSN: 1923-3299 103 Canadian sovereignty is a matter of national NOW THEREFORE THE PARTIES and constitutional import”; AGREE AS FOLLOWS: AND WHEREAS in 2016 the Supreme 1. Objectives of the Accord Court of Canada in Daniels v. Canada (Indian Affairs and Northern Development) 1.1 The Parties agree that it is in their declared that the Métis are within section common interest to establish a 91(24) of the Constitution Act, 1867 and process for co-development and that “reconciliation with all of Canada’s negotiation that will allow them to Aboriginal peoples is Parliament’s goal”; work together to: 1.1.1 Uphold the special constitutional AND WHEREAS the Supreme Court of relationship that the Métis Nation Canada has noted that section 35 of the has with the Crown as partners in Constitution Act, 1982 calls for a process Confederation and as recognized of reconciliation between the Crown and and affirmed in section 35 of the Aboriginal peoples through which the rights Constitution Act, 1982; and outstanding claims of Aboriginal peo- ples are determined, recognized and respect- 1.1.2 Renew the Métis Nation-Crown ed through honourable negotiations with the relationship on a nation-to-nation, goal of reaching just and lasting settlements; government-to-government basis; 1.1.3 Advance reconciliation of the rights, AND WHEREAS Canada and the Métis claims, interests and aspirations of Nation are committed to reconciliation and the Métis Nation and those of all a nation-to-nation, government-to-gov- Canadians; ernment relationship, through regionally 1.1.4 End the legacy of colonialism and tailored exploratory discussions and/or colonial attitudes wherever they negotiations between Canada and the Métis may remain in federal legislation, National Council’s Governing Members, policies and practices; in order to renew the relationship through cooperation, to further Métis self-govern- 1.1.5 Improve socio-economic conditions ment, while respecting Métis rights and of Métis and their access to social ending the status quo; and economic programs and services that address their needs; AND WHEREAS Canada and the Métis Na- 1.1.6 Explore and support ways to address tion are further committed to reconciliation the historic and continuing impacts and a nation-to-nation, government-to-gov- of unresolved claims and grievances ernment relationship through establishing of the Métis Nation; and a permanent bilateral mechanism between 1.1.7 Promote and advance the Canada and the Métis National Council and recognition of the Métis Nation and its Governing Members, as set out in the commemorate its role and that of Accord, to enable annual priority setting, its leader, Louis Riel, in Canada’s joint policy development and progress to be western expansion. measured on an ongoing basis. 104 aboriginal policy studies 2. Permanent Bilateral Mechanism 2.3 Meetings will also be held at least twice per year between the Minister 2.1 By signing this Accord, the Parties of Indigenous and Northern Affairs agree to establish a permanent Canada, key Ministers implicated bilateral mechanism (the through the jointly established “Permanent Bilateral Mechanism”) priorities and work plans, and the that will serve to: Métis National Council and its 2.1.1 jointly establish policy priorities for Governing Members in an ongoing the year ahead through an annual process to refine and deliver on meeting with the Prime Minister of the priorities identified via the Canada; Permanent Bilateral Mechanism. The Minister of Indigenous and 2.1.2 undertake joint policy development Northern Affairs Canada, with the on the jointly established priorities; support of departmental officials, 2.1.3 ensure that bi-annual meetings will be responsible for coordinating occur with Ministers responsible for such meetings. policy development flowing from the 2.4 Quarterly meetings of relevant jointly established priorities; and Assistant Deputy Ministers and 2.1.4 report on progress on an annual senior officials from the Métis basis through the annual meeting National Council and its Governing with the Prime Minister of Canada. Members will be held to monitor 2.2 The initial meeting of the Permanent and guide the work of technical- Bilateral Mechanism will focus level working groups composed of on the establishment of Terms of subject matter experts; co-chairing Reference to govern the work of the would mirror the Ministerial-level Permanent Bilateral Mechanism, meetings and could also be attended as well as meeting schedules. by Ministers’ staff in the role of Departments responsible for observer. Indigenous and Northern policy development flowing from Affairs Canada with the support the jointly established priorities of the Privy Council Office will be will become involved in the work responsible for coordinating such planning with the Métis National meeting and for tracking progress. Council and its Governing Members. 3. Policy Priorities Any requisite working groups or other levels of engagement will be 3.1 Policy priorities will be established created based on that work plan. The jointly by the Parties each year. Minister of Indigenous and Northern These policy priorities will be Affairs Canada, with the support attached as an Annex to this Accord. of departmental officials, will be responsible for tracking progress of 3.2 An Annotated Agenda for four initial such working groups. priorities is contained in Annex A to Canada-Métis Nation Accord 105 this Accord. This does not preclude 5. Respecting Bilateral and Tripartite work in other priority areas. Reconciliation Processes 3.3 Policy priorities will be reviewed and renewed annually. The Parties may 5.1 Nothing in this Accord shall alter, jointly decide to add more policy affect, limit, constrain or impede priorities to be worked on by the existing or future exploratory Parties in a given year and identify discussions or negotiation processes them in the Annex to this Accord. to address Métis rights, interests or outstanding claims against the 3.4 The Parties may enter into Crown that are put in place between companion accords, agreements, a Governing Member and the protocols, or any other arrangements Government of Canada. deemed suitable in order to achieve jointly established policy priorities, as 5.2 The Parties recognize that bilateral decided by the Parties to this Accord. or tripartite exploratory discussions and negotiation processes agreed 4. Funding and Resourcing to by a Governing Member and the Government of Canada also advance 4.1 The Parties agree to develop and reconciliation with the Métis update work plans based on concrete Nation and that the Permanent and specific objectives in order to Bilateral Mechanism is designed address the various elements of to complement and enhance those this Accord that will enable full provincial and/or regional processes. and effective engagement in the 5.3 Without limiting the generality of Permanent Bilateral Mechanism by the foregoing, the Parties expressly the Métis National Council and the agree that nothing in this Accord Governing Members.