Appearance before the Standing Committee on Indigenous and Northern Affairs (INAN) - Bill C-53, Recognition of Certain Métis Governments in Alberta, Ontario and Saskatchewan and Métis Self-Government Act (November 30, 2023)
Table of contents
Overview
1. Scenario Note
Logistics
Subject: Bill C-53, Recognition of Certain Métis Governments in Alberta, Ontario and Saskatchewan and Métis Self-Government Act
Date: November 30, 2023
Time: 3:30 pm to 5:30 pm
Location: House of Commons
Witnesses
- The Hon. Gary Anandasangaree, Minister of Crown-Indigenous Relations
Department officials:
- Blake McLaughlin, Director General, Negotiations – Central, Treaties and Aboriginal Government, CIRNAC
- Michael Schintz, Federal Negotiations Manager, Negotiations – Central, Treaties and Aboriginal Government, CIRNAC
- Julia Redmond, Legal Counsel, Department of Justice
Committee Members (12):
- John Aldag (LIB — Chair)
- Ben Carr (LIB)
- Jaime Battiste (LIB)
- Michael V. McLeod (LIB)
- Marcus Powlowski (LIB)
- Anna Gainey (LIB)
- Marilène Gill (BQ – Vice-Chair)
- Lori Idlout (NDP)
- Jamie Schmale (CPC – Vice-Chair)
- Arnold Viersen (CPC)
- Gary Vidal (CPC)
- Bob Zimmer (CPC)
Planned Agenda
- The Minister, supported by departmental officials, will appear in-person for the first hour from 3:30 to 4:30 pm. He will provide opening remarks of five minutes and then respond to questions.
- Departmental officials will remain in person for the second hour, 4:30-5:30 pm, and will respond to questions.
Meeting Logistics
- The Minister and departmental officials will be invited to sit at the table by the Chair or the Clerk of the Committee.
- Quorum to hear testimony requires at least three members, including one member of the opposition and one member of the government.
- The Committee Chair will open the meeting and provide instructions for the meeting proceedings. The Chair will then introduce all witnesses and invite the Minister to deliver remarks. This will be followed by a question and answer session. At the end of the first hour, the Chair will suspend the meeting momentarily to allow the Minister to depart. The meeting will then resume with a Q&A session with officials only for a second hour.
- Time for questions and responses will be allocated in the following order:
First round (6 minutes for each Party)
- CPC
- Lib
- BQ
- NDP
Second and subsequent rounds
- CPC (5 minutes)
- Lib (5 minutes)
- BQ (2.5 minutes)
- NDP (2.5 minutes)
- CPC (5 minutes)
- Lib (5 minutes)
2. Opening Remarks for the Honourable Gary Anandasangaree Minister of Crown-Indigenous Relations
Check on delivery
Tawnshi, hello, bonjour.
Before I begin, I'd like to acknowledge that we are on the unceded traditional territory of the Anishinaabeg Algonquin people.
It is an honour to be here today to speak about proposed legislation to recognize the Métis Nation of Alberta, the Métis Nation of Ontario, and the Métis Nation — Saskatchewan, which will give effect to future-self government treaties with these governments.
Madame Chair, what we have before us is an opportunity to recognize and implement Métis visions for self-determination – to work towards reconciliation in an impactful and lasting way.
It is a chance to address a wrong – Canadian law and governments often failed generations of Métis by not recognizing and respecting their rights.
Métis lack the protection that treaties can provide to safeguard status and rights.
Over generations, Métis have asserted and lobbied for recognition of their rights. They've built their own governance structures and institutions. They've participated in political and constitutional processes. They've turned to the courts to advance Métis rights and claims. And they've pressed for formal negotiations with Canada.Footnote 1
Madame Chair, the proposed legislation we are discussing today has been decades in the making.
It is yet another achievement in the long history of resistance and resilience of the Métis.
Last February, and after many years of negotiations, Canada signed updated self-government agreements with the Métis Nation of Ontario, the Métis Nation — Saskatchewan, and the Métis Nation of Alberta.
By signing the agreements, Canada affirmed that each of these Métis Governments is an Indigenous government with jurisdiction over their own core governance matters.
The proposed legislation that brings me before you today will affirm this federal recognition: that these Métis Governments have the right to organize themselves and govern their internal matters. It will also provide a legislative framework to give effect to future self-government treaties establishing these Métis Governments in Canadian law.
The proposed Bill would recognize the Métis Nation — Saskatchewan, the Métis Nation of Alberta, and the Métis Nation of Ontario as Indigenous governments.
It would affirm the inherent right of the Métis collectivities to self-government.
And it would provide a legislative framework to give legal force and effect to future core-governance treaties such as the following:
- establishment of a public register of Métis Government laws;
- completed tax treatment agreements and fiscal financing agreements; and,
- ratification and signing.
The focus of these Agreements is on core governance matters internal to each Métis Government such as citizenship, leadership selection, and internal administration.
The Agreements do not address harvesting or land-related matters or rights, nor will the self-government treaties currently under negotiation.
The proposed legislation would only impact those who have elected to be a citizen of these Métis Governments. It will not affect the Section 35 rights of any other Indigenous group.
The proposed legislation has been co-developed and is based on Métis needs, priorities and visions for a better future. It is the product of years of work with Métis partners on their priorities to advance reconciliation and renew relationships.
If passed by Parliament, the Bill would underscore Canada's commitment to supporting Indigenous-led processes for rebuilding and reconstituting their historic nations and advancing self-determination.
It is an important opportunity to make meaningful historic change -a chance to evolve our federalism and build a better Canada. As the new Minister of Crown-Indigenous Relations, I am committed to continuing our collaborative work with the Métis Nation of Alberta, the Métis Nation of Ontario, and the Métis Nation — Saskatchewan, and implementing their visions for self-determination.
I look forward to working with you towards a more inclusive country, and am happy to now take your questions.
Marsee, thank you, merci.
Bill C-53
3. Bill C-53
4. Clause-by-Clause
- Clause 1
- Provides the short title, a simpler way of citing the Act than the long title.
- Clause 2
- Provides the definitions that apply in this Act. For instance, it defines the term "treaty", as used in the Act, to mean a treaty entered into by a Métis government named in the schedule to the Act and Canada, including any amendments made to it.
- Clause 3
- Provides that each treaty is a treaty within the meaning of section 35 of the Constitution Act, 1982.
- Clause 4
- Sets out the purposes of the Act, which include advancing the government-to-government relationship with Métis, advancing recognition of the inherent right of self-government of certain Métis collectivities, and providing a framework for the implementation of treaties between Canada and certain Métis governments.
- Clause 5
- Provides that if the Governor in Council is satisfied that the requirements for a treaty coming into force have been met, the Governor in Council may fix a date for the coming into force of the treaty by order.
- Clause 6
-
Provides that a treaty is given effect, declared valid, and has the force of law.
For greater certainty clauses: provide that persons and bodies in the treaty have powers, rights, privileges, benefits, duties and liabilities in the treaty; and, the treaty is binding on all persons and bodies.
- Clause 7
- Provides that the treaty prevails over this Act and any other federal law to the extent of any inconsistency or conflict. It further provides that the Act prevails over any other Act of Parliament to the extent of any inconsistency or conflict.
- Clause 8
- Provides that Canada recognizes that a Métis government named in the schedule is an Indigenous governing body that is authorized to act on behalf of its named Métis collectivity, and that the Métis collectivity holds the right of self-determination, including the inherent right of self-government.
- Clause 9
- Provides that a Métis government has the jurisdiction, including authority to make laws, over matters set out in the treaty.
- Clause 10
- Affirms that a Métis government is not a federal board, commission or other tribunal, as defined in the Federal Courts Act.
- Clause 11 and 12
- Provide for the coming into force of supplementary self-government agreements, in the same manner as treaties in clauses 5-6.
- Clause 13 and 14
- Provide that a tax treatment agreement is approved, given effect, declared valid and has the force of law, and that it does not form part of a treaty, nor is it a treaty.
- Clause 15 and 16
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States that judicial notice must be taken of the Agreement and publication by the King's Printer is evidence of the Agreement.
Also provides for judicial notice of a Métis government law that is included in the public register of laws maintained by a Métis government, in accordance with the treaty. Such a Métis government law is evidence of that law.
- Clause 17
- Describes the notice requirements for any judicial or administrative proceeding. If an issue arises in respect of a treaty, a supplementary self-government agreement, a Métis government law, or this Act, notice must be served on Canada and the relevant Métis government.
- Clause 18
- States that the Statutory Instruments Act does not apply to a Métis government law.
- Clause 19
- Gives the Governor in Council the authority to make regulations or orders it considers necessary to carry out the provisions of this Act, a treaty, or other agreements related to the implementation of a treaty. It also provides that the Governor in Council ensure that the applicable Métis government has a meaningful opportunity to collaborate in the policy development leading to the making of such regulations.
- Clause 20
- Gives the Governor in Council the authority, by order to add, amend or remove information from the schedule, such as the name of a Métis government or collectivity.
- Clause 21
- Provides that an action taken or decision made by a Métis government before the effective date of the relevant treaty is deemed to have been taken validly.
- Clause 22-24
- Provides for consequential amendments to the Access to Information Act and the Privacy Act by listing Métis governments as aboriginal governments for the purposes of those acts.
- Clause 25
- Ensures that all section numbering related to amendments to the Access to Information Act and the Privacy Act made by the Yale First Nation Final Agreement Act or this Act are coordinated, given that either of these two amending Acts might come into force first or both come into force at the same time.
Questions and Answers
5. Purpose
Q1: What is the purpose of the Bill?
A1: The Bill has the following purpose and objectives:
- advancing the long-standing goal of the Métis people for recognition;
- contributing to implementation of the United Nations Declaration on the Rights of Indigenous Peoples;
- advancing the recognition of the inherent right of self-government of certain Métis collectivities in Alberta, Ontario and Saskatchewan; and
- providing a legislative framework for the implementation of future self-government Treaties entered into by these particular Métis Governments and the Government of Canada.
The Bill does not address harvesting or land-related matters and rights. Rather, it is about advancing the basic right of Indigenous Peoples to organize themselves.
6. Future Self-Government Treaties
Q2: What will the future self-government Treaties seek to address?
A2: The future self-government Treaties will address the same jurisdictions as the Self-Government Recognition and Implementation Agreement signed with each of the Métis Nation of Ontario (MNO), Métis Nation of Alberta (MNA) and Métis Nation – Saskatchewan (MN-S) in February 2023. In particular, internal governance, namely: citizenship, leadership selection and internal administration.
Before concluding Treaty negotiations, Canada will ensure that the duty to consult and, where appropriate, accommodate any Indigenous groups that may potentially be adversely impacted is meaningfully undertaken, and that the perspectives of other Indigenous groups are respected.
The self-government Treaties will include a process for negotiating additional jurisdictions, beyond internal governance, with the Métis Governments in the future. In the context of any such negotiations, it is incumbent on Canada to ensure that the duty to consult is respected and meaningfully undertaken.
Q3: Who will the self-government Treaties apply to?
A3: The future self-government Treaties will only apply to the registered citizens of the Métis Nation of Ontario, Métis Nation of Alberta and Métis Nation – Saskatchewan.
These citizens, and the Métis collectivities that they constitute, have mandated the MNO, MNA and MN-S, respectively, as the democratic representative bodies authorized to represent and advance their collectively-held rights.
7. Citizenship and Enrollment Process
Q4: What about challenges to the citizenship and enrollment process for registering Métis citizens?
A4: Métis individuals must: (1) choose to apply; and, (2) be found to have met the criteria set out in the Supreme Court of Canada's decision in Powley in order to be included as a citizen on the registry of these Métis Governments.
Periodic and independent third-party reviews of the Métis Government registries are undertaken to ensure that the Powley guidelines are followed. The third parties are selected by the Métis Governments.
8. Non-Derogation Language
Q5: Are other Métis or Indigenous groups impacted by the proposed legislation?
A5: As with the self-government Agreements signed in 2023, the future self-government Treaties will include robust non-derogation language setting out that nothing in the Treaties affects, recognizes or provides any rights affirmed by section 35 of the Constitution Act, 1982 of any Indigenous community, collectivity, or people other than the Métis signatories.
When these Treaties are negotiated, Canada is committed to ensuring that the duty to consult and, where appropriate, accommodate any Indigenous groups that may potentially be adversely impacted is meaningfully undertaken.
At the heart of these arrangements is the concept that Métis individuals have a choice as to which government represents them.
9. Next Steps
Q6: What is next if the proposed Recognition of Certain Métis Governments in Alberta, Ontario and Saskatchewan and Métis Self-Government Act is given Royal Assent?
A6: If the Bill is given Royal Assent, Canada will continue to work in partnership with each of the MNO, MNA and MN-S to negotiate self-government Treaties that will ultimately be given legal force and effect via this proposed legislation.
The 2023 Agreements form the foundation for future Treaty negotiations.
Q7: If the proposed Recognition of Certain Métis Governments in Alberta, Ontario and Saskatchewan and Métis Self-Government Act is passed and given effect, how long until the self-government Treaties take effect?
A7: The Treaties first need to be negotiated. As with all modern Treaties, Canada will undertake a consultation process to ensure that the duty to consult is discharged.
Once the consultation process concludes, and any potential accommodation measures are agreed upon, the Minister of Crown-Indigenous Relations will be required to seek authority to sign the respective self-government Treaties, which will be given effect via Order-in-Council under Bill C-53, should it pass .
Q8: If the self-government Treaties have yet to be negotiated, why is proposed legislation being introduced now?
A8: Canada is being responsive to the priorities of our Indigenous partners and co-developing the path to self-government in a manner that meets Indigenous visions for self-determination.
The MNO, MN-S and MNA sought a unique path to implementing final Treaties, which relies on up-front legislation (i.e. Bill C-53) that will give legal force and effect to their respective future self-government Treaties.
10. Role of Provincial Governments
Q9: What has been the role of the provincial governments? Will provincial governments be party to the future self-government Treaties?
A9: The future self-government Treaties will be bilateral, between Canada and each of the Métis Governments, and will initially address only core governance jurisdictions (i.e. citizenship, leadership selection, internal operations). As such, jurisdictions under the self-government Treaties will be entirely within federal jurisdiction.
If additional jurisdictions are contemplated that may implicate provincial jurisdiction, the negotiating Parties will engage with the appropriate provincial governments at that time.
11. Opposition to the Bill and Legal Challenges
Q10: What about First Nations opposition to the proposed legislation in Ontario?
A10: Section 35 of the Constitution Act, 1982 recognizes and affirms the Aboriginal and Treaty rights of Inuit, First Nations, and Métis Peoples of Canada, and Canada is committed to advancing reconciliation with all of Canada's Indigenous Peoples.
Canada is obligated to acknowledge and respect Métis rights, including the inherent right of self-government. This recognition does not need to come at the expense of others' Aboriginal rights. This proposed legislation and the contemplated self-government Treaties are about recognizing the right of Métis people to organize themselves, to pass laws that apply to their citizens, and which relate to their own internal affairs.
Q11: Does Canada recognize the seven Historic Métis Communities jointly identified by the MNO and the Province of Ontario in 2017?
A11: In 2017, the Province of Ontario and the MNO jointly identified seven historic Métis communities in Ontario, which has led to criticism from, in particular, First Nations in the province.
This initiative is not advancing recognition of these seven historic communities. Canada did not participate in the process of identifying historic Métis communities in Ontario. Furthermore, the self-government jurisdictions which will be recognized in the future treaties are citizenship-based and do not rely on a specific geography.
Q12: What is Canada's position on legal challenges to the Bill that are being brought forward in Ontario and Alberta?
A12: As these matters are currently before the Court, I am not in a position to comment further at this time.
12. Resources Extraction in the Prairies
Q13: How would the proposed legislation impact resources extraction in the Prairies? Will this create conflict in the Prairies?
A13: The proposed Bill does not address harvesting, land or resource-related matters and rights. Rather, it is about advancing the basic right of Indigenous Peoples to organize and govern themselves.
Canada is committed to advancing reconciliation with all of Canada's Indigenous Peoples, and this includes acknowledging and respecting Métis rights. This recognition does not need to come at the expense of others' Aboriginal rights, whether in the Prairies or elsewhere.
This proposed legislation is about recognizing the right of Métis people to govern their internal affairs, and to pass laws applying to their citizens.
Issue Papers
13. Overview
Background
The Métis Nation of Ontario (MNO), Métis Nation – Saskatchewan (MN-S) and Métis Nation of Alberta (MNA) entered into Métis Government Recognition and Self-Government Agreements (MGRSGAs) with Canada on June 27, 2019. These Agreements set out a number of core-governance jurisdictions (e.g. elections, citizenship, internal operations, financial management, accountability) and were to provide recognition that these entities represent members of rights-bearing Métis communities that have a Section 35 right of self-government inclusive of those jurisdictions. Pursuant to these Agreements, recognition as Indigenous governments would occur under federal legislation on a future effective date. The COVID-19 pandemic and other external factors delayed the introduction of legislation in Parliament.
On July 6, 2021, Canada signed a Self-Government Recognition and Implementation Agreement (SGRIA) with the Manitoba Métis Federation (MMF). Rather than conferring recognition on a future effective date, Canada provided upfront recognition of MMF as an Indigenous government with core-governance jurisdictions, binding between the parties upon signing.
The use of upfront recognition for the MMF, was followed by a request from MNO, MN-S and MNA to have their governments similarly recognized immediately as Indigenous governments. In November 2021, Canada re-engaged with MNO, MN-S and MNA to update their MGRSGAs to incorporate the elements and techniques utilized in the MMF SGRIA, and align all four Métis governance agreements by offering similar recognition to all Métis governments.
The updated Agreements, which recognize the MNO, MN-S, and MNA as Indigenous governments upon signature, and which include a commitment to negotiate replacement core-governance Treaties, were signed on February 23, 2023 with the MNO and on February 24, with the MN-S and MNA.
The legislation, if passed by Parliament, would ultimately give force and effect to future core governance Treaties once they have been negotiated, ratified and signed; a constitution established; core laws passed; a tax treatment agreement completed; a Fiscal Financing Agreement in place; a Treaty Implementation Date mutually agreed-upon; and, an Order in Council issued to bring the Treaties into force.
Objectives of the Bill
The proposed bill would:
- Recognize MNO, MN-S, and MNA as Indigenous governments;
- Affirm the inherent right of the Métis collectivities to self-government;
- Provide a legislative framework to give legal force and effect to the future self-government Treaties, once the above mentioned requirements have been met.
Engagement Process
The proposed Bill has been co-developed with input from the implicated Métis Governments. The implicated Métis Governments have indicated their support.
Provincial Interests
The provincial governments of Ontario, Saskatchewan and Alberta are aware of the updated Agreements and Canada's commitment to introduce the proposed legislation. As MNO, MN-S and MNA begin their transition into governments recognized in Canadian law, their engagement with the provinces will likely increase; particularly when the parties negotiate agreements that fall under provincial jurisdiction, such as education and health.
Next Steps
If the proposed legislation is adopted, Canada will negotiate core-governance Treaties with MNO, MN-S and MNA.
As a part of those negotiations, Canada will ensure the duty to consult, and where appropriate, accommodate, any Indigenous groups that may potentially be adversely impacted is discharged.
14. History
Evolution of the Métis Self-Government Recognition Agreements
In 2019, Métis Government Recognition and Self-Government Agreements (MGRSGAs) were signed with the Métis Nation of Ontario (MNO), Métis Nation — Saskatchewan (MN-S) and Métis Nation of Alberta (MNA), which laid out a path towards recognition as Indigenous governments in federal law on a future effective date.
On July 6, 2021, Canada entered into the Self-Government Recognition and Implementation Agreement (SGRIA) with the Manitoba Métis Federation (MMF). Rather than conferring recognition on a future effective date, Canada provided upfront recognition of MMF as an Indigenous government with core-governance jurisdictions, binding between the parties upon signing.
The use of upfront recognition for the MMF was followed by requests from MNO, MN-S and MNA to have their governments similarly recognized immediately as Indigenous governments. In November 2021, Canada re-engaged with MNO, MN-S and MNA to update their MGRSGAs to incorporate the elements and techniques utilized in the MMF SGRIA, and align all four Métis governance agreements by offering similar recognition to all four Métis governments.
The updated Agreements, which recognize the MNO, MN-S, and MNA as Indigenous governments upon signature, and which include a commitment to negotiate replacement core-governance Treaties, were signed on February 23, 2023 with the MNO and on February 24, 2023 with the MN-S and MNA.
The updated Agreements contemplate that legislation will be enacted to reflect the recognition of MNO, MN-S and MNA as Indigenous governments. In addition to recognizing MNO, MN-S and MNA as Indigenous Governments, the proposed Bill will affirm the inherent right of these Métis collectivities to self-government; and provide a legislative framework to give legal force and effect to the future core-governance Treaties once they have been negotiated. The legislation does not give legal force and effect to the updated Agreements; those remain binding only on Canada and each of the Métis Governments.
Implementation
Should the proposed Bill be adopted, it would set out a legislative framework to give legal force and effect to the Treaties. The core-governance Treaties will supersede the updated Agreements.
An Implementation Plan will be co-developed between Canada and each Metis Government to guide the implementation of the Treaties. Committees made up of representatives from each of the Métis governments and Canada will oversee these plans.
Core-Governance Treaties
The proposed Bill is innovative in that it would establish a legislative framework to give legal force and effect to core-governance Treaties which have not yet been negotiated. The core-governance Treaties will be constitutionally protected and will affirm the inherent right of self-government of the Métis, an important step in advancing Crown-Métis relations. Core-governance Treaties will provide Métis with constitutional recognition and protection of their inherent right of self-government.
15. Engagement Process
1. Engagement on the proposed Bill with Métis Governments
Canada shared the draft bill with specified representatives of the Metis Nation of Ontario (MNO), Metis Nation-Saskatchewan (MN-S) and the Metis Nation of Alberta (MNA) on March 30, 2023. This engagement fulfilled a commitment in the updated Agreements to ensure the Métis Governments support the proposed Bill before it is introduced.
The engagement process spanned a period of 14 days. While this is a shorter period than what is typically provided to Indigenous partners for engagement on legislation, it reflects the Métis Governments' request for a shortened period to allow introduction of the proposed Bill as soon as possible. This short period was also possible due to ongoing discussions with the Métis Governments about their preferences for the Implementing Legislation during the negotiation of the updated Agreements.
The Métis Governments have indicated their support for the proposed Bill.
2. Engagement related to the updated Agreements
The legislation does not give legal force and effect to the updated Agreements; those remain binding only on Canada and each of the Métis Governments. However, Canada undertook an engagement process with other Indigenous groups (a) and provincial governments (b) who may have an interest in the updated Agreements prior to parties signing of the Updated Agreements.
a. Engagement with Other Indigenous Groups
The Senior Assistant Deputy Minister of Treaties and Aboriginal Government wrote to First Nations and other Indigenous groups that have expressed an interest in the Métis Government Recognition and Self Government Agreements (MGRSGAs) to provide an overview of the scope of the Agreements. These letters emphasized that the MGRSGAs:
- address only core governance matters pertaining to the Métis Governments and their membership;
- do not address harvesting or land-related rights or matters, and;
- that if and when other self-government arrangements or additional areas of jurisdiction are negotiated with the Métis Governments scheduled to the Bill, there will be consultations with those Indigenous groups whose section 35 rights may be impacted by such arrangements.
b. Engagement with the Provinces
The Senior Assistant Deputy Minister of Treaties and Aboriginal Government wrote to his provincial counterparts in Ontario, Saskatchewan, and Alberta providing an overview of the MGRSGAs and emphasized that they address only core governance matters. The letters also included an invitation to meet to discuss, should the provinces wish to discuss in more detail.
3. Engagement on future core-governance Treaties
Canada will undertake any necessary consultation or engagement when the drafts of the future core-governance Treaties are concluded. It is anticipated that any engagement or consultation will involve the same entities that were contacted as part of the previous engagement efforts as the scope of the future Treaties will encompass key elements of the current MGRSGAs. Should potential impacts on other Indigenous groups rights be identified, a formal consultation would be undertaken.
16. Key Elements of the Bill
Key Elements of Proposed legislation
Purpose and Objectives
- The proposed legislation would have the following purpose and objectives:
- To advance the government-to-government relationship with certain Métis Governments;
- To advance the recognition of the right to self-determination, including the inherent right to self-government as recognized and affirmed by section 35 of the Constitution Act, 1982, of certain named Métis collectivities;
- To provide the legislative framework to give legal force and effect to future core-governance Treaties entered into by certain Métis Governments and Canada; and,
- To contribute to the Government of Canada's commitment to implementation of the United Nations Declaration on the Rights of Indigenous Peoples.
Provisions relating to recognition
The proposed legislation would provide for recognition of the Métis Governments, or more specifically: recognition that each Métis Government is authorized to act on behalf of respective Métis collectivities that hold rights recognized and affirmed by section 35 of the Constitution Act, 1982.
Provisions on Treaty implementation
- The proposed legislation would provide that:
- The future Treaties will be approved, given effect, declared valid, and have the force of law by the issuance of an Order in Council.
- They will be Treaties as defined in sections 25 and 35 of the Constitution Act, 1982.
- Each Métis Government that has entered into a Treaty with Canada has the jurisdiction set out in the Treaty, including the authority to make laws in relation to those matters.
Other
- The proposed legislation would also include provision for:
- Any supplementary self-government agreements as having the force of law upon issuance of an Order in Council; and
- Tax treatment agreements as having the force of law for the period they are in force.
17. Citizenship and Representation
Citizenship
The proposed Bill recognizes that each Métis Government is authorized to act on behalf of its respective Métis collectivity.
While there is no provision that explicitly references citizenship in the proposed Bill, jurisdiction over citizenship will be included in future core-governance Treaties.
The Métis Governments define their collectivities in part by registering citizens according to the guidelines established in R. v. Powley (2003). The Powley guidelines include the following criteria: self-identification as Métis, distinctiveness from other Indigenous Peoples, ancestral connection to the Historic Métis Nation, and acceptance by the Métis Nation as represented by the individual Métis Governments.
Citizens of the MNO, MN-S and MNA mandate their respective Métis Government to exclusively exercise, advance, and address Métis rights, interests, and historic grievances, and to make decisions according to its own laws, policies, customs, and traditions as a democratic representative body that provides responsible and accountable self-government.
A citizen is defined as an individual who meets the requirements for citizenship as set out in the Métis Governments Constituting Documents, its Constitution, or a Métis Government Law in each respective province; and whose name is included on the Métis Governments Registry.
Representation
The introduction of the proposed Bill may invite criticism or litigation from groups who assert that these Métis Governments do not represent them. Métis groups within Saskatchewan and Alberta, largely former locals of the MN-S and MNA, have already made public statements to this effect.
The recognition of core-governance jurisdictions in the updated Agreements will only impact those who have elected to be citizens of each Métis Government. The updated Agreements each include a non-derogation provision stating that they do not affect rights of any other Indigenous collectivity. A similar non-derogation provision will be included in the future core-governance Treaties.
Ultimately, Métis not affiliated with the MNO, MN-S and MNA will not be affected by the updated Agreements or the implementing legislation giving effect to the Treaties.
Litigation
Canada has received three Applications for Judicial Review related to the Self-Government Agreements between the Federal Government and the MNO and MNA, respectively.
As these Notices of Application are before the Court for initial consideration, and Canada's review of these court documents are ongoing, we are not in a position to comment further at this time.
18. Areas of Jurisdiction
Areas of Jurisdiction
The updated Agreements signed in February 2023 recognize the Métis Nation of Ontario (MNO), Métis Nation – Saskatchewan (MN-S), and the Métis Nation of Alberta (MNA)as Indigenous governments with jurisdiction over matters of core-governance, including citizenship, leadership selection, and governance structures and operations, that are viewed as central facets of the right to self-government under Section 35 of the Constitution Act, 1982. While the Agreements are not given force and effect by this legislation, they were binding on the Parties upon signature. The subsequent core-governance Treaties, which will be given force and effect by this legislation will address the same areas of jurisdiction and may include other matters related to core-governance.
The Parties intend to include core-governance jurisdictions set out in the updated Agreements in the future Treaties. The updated Agreements do not include jurisdiction over lands or harvesting rights.
CIRNAC has been engaging with Indigenous partners and other stakeholders to inform them of the impending legislative initiative.
Provincial Jurisdiction
The provincial governments of Ontario, Saskatchewan and Alberta are aware of the updated Agreements and Canada's commitment to introduce proposed legislation. As MNO, MN-S and MNA begin their transition into governments in Canadian law, their engagement with the provinces will likely increase, for example, as and when the parties negotiate agreements in other areas of jurisdiction beyond core-governance that fall under provincial jurisdiction, such as education and health.
The core-governance Treaties will also not address matters that fall within provincial jurisdiction.
The Treaties, once negotiated, may be amended by way of supplementary self-government agreements, which can include agreements to add jurisdictions. Should these supplementary agreements deal with matters of provincial jurisdiction, the relevant provincial governments will be involved in negotiations.
To note, the provincial governments of Ontario, Saskatchewan and Alberta recognize the existence of section 35 rights-bearing Métis within their respective provinces and have worked with the corresponding Métis Government as the political representative body.
19. Next Steps
Next Steps
If the proposed Bill is adopted, Canada will negotiate core-governance Treaties with the Métis Nation of Ontario (MNO), Métis Nation-Saskatchewan (MN-S) and the Métis Nation of Alberta (MNA).
As a part of those negotiations, Canada will ensure the Duty to Consult, and where appropriate, accommodate, any Indigenous groups that may potentially be adversely impacted is discharged.
Canada will also work on the related steps set out in this document to finalize the Treaties.
Treaty Negotiation
If the proposed Bill is adopted, Canada will begin negotiations with MNO, MN-S, and MNA. The updated Agreements will form a basis for the future Treaties, which will address the same areas of jurisdiction set out in those Agreements. Canada will also provide negotiations support funding to the Métis Governments. The parties intend that the negotiations be complete in 18 months.
Aside from the negotiation of the Treaties themselves, the following related steps will take place:
1. Ratification of Constitution
Prior to the Treaties taking legal force and effect, the Métis Governments are each required to have a ratified Constitution in place. Both MN-S and MNA have ratified Constitutions in place. MNO is currently engaging in extensive consultation and engagement with its citizens to develop a Constitution.
2. Métis Government Laws
The proposed legislation would provide for judicial notice of a Métis Government law that is included in the public register of laws maintained by a Métis Government, in accordance with the applicable Treaty. Such a Métis Government law is evidence of that law. Canada will support this process through funding under the Interim Fiscal Financing Agreements.
3. Implementation Plan
Once the future core-governance Treaties are negotiated, CIRNAC's Implementation Sector will take the lead in developing a non-legally binding Implementation Plan with each of the Métis Governments respectively. The Implementation Plans will set out the timing, activities, and responsible parties for each of the obligations in the Treaties, and will guide the Implementation Committees which oversee the implementation of the treaties.
4. Treaty Effective Date and Order in Council
The Treaties will each come into effect by Order-in-Council, on dates jointly determined by Canada and each Métis Government.
Fiscal Matters
Extension of Interim Fiscal Financing Agreements (IFFAs)
The IFFAs provided the MNO, MN-S and MNA with governance capacity investments to enable transitional activities in pursuit of self-government, including citizenship registration and verification, community engagement, and comprehensive governance planning. They expired in March 2023.
Although these funds were intended as one-time investments, unanticipated increases in citizenship registration for all three Métis Governments have resulted in funding gaps related to community engagement and governance planning. The extension of the IFFAs allow Canada and MNO, MN-S and MNA to continue efforts towards establishing necessary mechanisms, such as core laws and policies and operational capacity
A two-part amendment process is underway. First, the IFFAs were extended to March 31, 2026 to ensure continuity in core-governance negotiations. Second, is working with the Métis Governments to adapt the Collaborative Self-Government Fiscal Policy.
Adaptation of Collaborative Self-Government Fiscal Policy
Canada's Collaborative Self-Government Fiscal Policy was co-developed with self-governing First Nations and the self-governing Inuit government of Nunatsiavut, in response to Canada's commitment towards developing a new fiscal relationship with Indigenous Peoples. Since the proposed Bill commits Canada to developing Fiscal Financing Agreements with each of the Métis Governments as part of the Treaty process, Canada will first need to engage with the MNO, MN-S and MNA to discuss the application of the Collaborative Self-Government Fiscal Policy so that it is reflective of the unique circumstances of these governments. The Manitoba Métis Federation will be engaged bilaterally as well as the Métis Nation British Columbia.
Canada with the Métis Governments will begin the process of co-developing an adaptation of the Collaborative Self-Government Fiscal Policy in Winter 2023. MNO, MN-S and MNA will confirm their Métis representatives participating in the process, and a working group will be established. Canada intends to finalize and approve the co-developed adaptation of the Collaborative Self-Government Fiscal Policy by Fall 2024. This will require the Métis Governments to confirm their support of the adapted Policy prior to Canada seeking Cabinet approvals.