Summary Of Discussions

Aboriginal right, Aboriginal title and treaty right

• recognition, negotiation, implementation of access to traditional territories and resources
• honour/implement rather than appeal section 35 court decisions (e.g. recognition of generic section 35 right, and negotiation of specific right)
• get rid of the Indian Act
• recognize First Nations as true governments and provide a voice in Parliament
• recognition legislation

Acknowledge that agreements and their implementation form the starting point of an ongoing, evolving relationship. For example,

• Canada recognizes the inherent right to self-government and starts now to build a new relationship
• get rid of extinguishment, establish living relationships
• ongoing process to be built more on two-way recognition/relationship building, less on transactions
• Canada must implement treaties according to the spirit and intent of the treaty relationship
• treaties need to evolve over time
• implement recommendations from the Royal Commission on Aboriginal Peoples (RCAP)

Make adjustments to negotiation processes to reflect the above re-orientation and improve outcomes. For example:

MÉTIS BREAKOUT GROUP

There were approximately 27 participants in the Métis breakout group. Please note that this report is an overview summary of the meeting and the reader is encouraged to read this in tandem with the Métis flipcharts for additional context and details of the discussions.

Issues and Identified Solutions

Participants were asked to brainstorm on issues related to negotiations and Métis peoples. Once identified, the issues were placed into common or similar categories that could then be discussed in smaller breakout groups. The issue grouping and brainstorming solutions resulting from the session are outlined below.

Issues - first grouping

• negotiate, what, how, when and who are the parties
• negotiations versus claims
• who are the right holders?
• what are the aspirations of people?
• federal government’s accountability for results
• Métis identification registries, enumerate, identity and control; registry is not an Indian Act list
• research and funding of research
• need for institutional/human/financial capacity for consultation with Métis.
• Métis-specific, not pan-Aboriginal

Identified Solutions

• different communities at different stages of development, any process must respond to different developmental needs
• processes must reflect that Métis communities have the generic right to self-government under section 35
• the implementation of the inherent right to self-government must respect the right to equality under section 15 of the Charter of Right and Freedoms and section 35(4) for those most vulnerable in Métis communities (women, people with disabilities and two-spirited people) must be addressed and protected in section 35 developments
• central overarching principle for Métis peoples is implementation of inherent right to self-government for all Métis communities
• implementation requires respect, parity, equality, inclusion and pragmatism
• Métis peoples are entitled to design, deliver and evaluate programs and services that reflect the unique circumstances of their communities; government must devolve an equitable allocation of tax revenues to do so
• a new policy framework backed by Cabinet must be jointly developed with Métis communities
• Federal program activity architecture needs to be changed to enable Métis self-governing institutions, people and social/economic developments by the following:
  • devolution of existing programs/services to MNC, CAP, NWAC, Alberta Métis Settlement, etc.;
  • reconfiguring Cabinet responsibilities to make this happen;
  • engagement strategy to address program and services gaps for Métis;
  • funding to support Métis self-governing institutions (MNC, CAP, NWAC, Alberta Métis Settlements, etc.);
  • changes to the fiscal relationship; and
  • long-term strategy to build Métis self-governing institutions across Canada.
• restructure INAC to include Métis
• mandate the inherent right policy to apply to the Métis
• federal government to negotiate Aboriginal and treaty right including land, resources, etc. with Métis people
• support Métis identification registry process for Métis organizations
• accept jurisdiction for Métis within section 91(24) or refer to Supreme Court to clarify

Issues - second grouping

• recognition that there is a Métis Nation made up of national, provincial and community-based governments with full nation-to-nation capacity
• recognize that there are other Métis (e.g. the Labrador Métis)
• recognition of Métis right, other groups, a process to balance right, there are issues that overlap
• interim measures to be undertaken as other processes are being designed.
• Treaty Land Entitlement, federal institutions that harms Métis
• Métis land claims
• Powley Right (harvesting)
• establish a relationship with federal government through a mandated joint task force as a means of establishing new processes for self-government
• lack of understanding of Métis Nation institutions (roles, programs, how governing institutions are established and governed) which leads to duplicate investments and lack of respect for institutions
• build capacity around existing Métis institutions
• legal instruments to guarantee follow through (framework agreement, Canada/Métis Nation recognition act)
• identify areas of government where actions or inactions cause harm to Métis people (e.g. Department of Fisheries and Oceans); their role is often actively causing harm
• resource processes to engage Métis
• need a minister responsible for Métis relations
• all the involved departments need to work together to make processes more streamlined and effective
• federal unilateralism, lack of respect for those at the table
• stronger bilateral agreement with government to address all the issues (e.g. Métis Nation framework agreement)
• danger government will use legislation/policies to the detriment of the Métis

Identified Solutions

• presumptive framework should be that Métis are right bearing peoples and must be recognized and respected as such and dealt with on a nation-to-nation, government-to-government basis for all purposes, including self-government, land claims and programs and services
• the Métis right bearing peoples are: the Métis Nation and the Labrador Métis Nation
• establish a joint task force to set out the negotiation process and what is to be negotiated (should not be unilateral by federal government)
• federal government must enter the task force with a commitment (mandate) to negotiate
• Métis Nation has proposed a framework agreement to which the government should commit
• Labrador Métis Nation has a land claim that government should accept and negotiate

Consultation and Accommodation

The federal government must consult with Métis governing institutions when considering taking actions that may affect Métis right bearing peoples.

Require policy change (e.g. consultation)

• use existing tripartite processes to effect policy change
• require Cabinet approval to accomplish

Long-term strategy

• task force
• regular negotiation table (.ie. Nova Scotia)
• fold interlocutor into Department of Aboriginal Affairs
• enable Aboriginal organizations to enhance their communication capabilities
• support historical research

Issues - third grouping

• the 91(24) question
• Métis claim recognition
• what is the promise of section 35?
• the fiscal relationship
• Natural Resources Transfer Agreement outstanding questions
• Treaty 3 and the half breed adhesion
• role of provinces/municipalities
• strategic investments in Métis institutions, value for money

Identified Solutions

Recognition of right

• section 35 (Aboriginal and treaty)
• international and other
• section 35(4), gender equality
• relationship of Métis section 35 right to other right (e.g. overlaps, historic right, charter right, etc.)
• self-government powers and jurisdiction

Relationship

• with whom (Métis with Crown, federal 91(24)/provincial, Crown with Métis/Métis Nation/other Métis Nation)
• Métis identification (e.g. registration systems) is a crosscutting issue that must be factored into recognition of right and relationship
• accord(s) with Métis people

Other

• Métis-specific policy to deal with unique and distinctive Métis peoples (e.g. Métis Nation, other Métis people)
• mechanisms for the resolution of Métis Aboriginal and treaty right claims
• existing processes (Comprehensive Land Claims, Specific Claims Policy, Inherent Right Policy), and new processes (e.g. Métis claims commission)
• legislation, recognition, implementation, ratification, giving effect, (e.g. Métis relations act)
• gender/urban considerations need to be factored into decision making, negotiations and design
• could set context for negotiations but the issue of avoiding litigation in favour of negotiation
• federal government needs to secure a mandate to negotiate with Métis
• need federal leadership in establishing a mandated bilateral relationship with the Métis Nation and other Métis people
• federal government needs to establish a legislated mandate, the specifics of which are negotiated with the Métis

Issues - fourth grouping

• need a process to deal with right and socio-economic issues
• need for a communication strategy, discourse between government/Métis and public to get broad support and inform public opinion
• a consultation policy based on legal duty and good business practice
• create the negotiation model (e.g. joint task force to create the model and the institutions)
• Métis nation and other Métis community consultation and accommodation policy based on section 35 and other right
• requirement to consult with Métis on new initiatives

Identified Solutions

• Cabinet mandate obtained
• framework agreement to enable negotiations
• establishing a Métis court challenges program (e.g. litigation support) or phrased as Métis nation right, a defense fund/test case for south of 60)
• interim measures agreement (involvement in planning, regulation development, consultation process, land freezes, capacity)
• establish partnerships
• bilateral framework between Canada and the Métis nation on defined subject matter
• beginning a new relationship (framework agreement):
  • harvesting
  • fiscal relationship (transfer payments)
  • governance capacity (supporting development of Métis governance at provincial/community levels)
  • social issues
  • inclusion issues (women, youth, elders, etc.), gender analysis, section 35(4)
  • research by Métis
• moving to comprehensive claims process
• let them see value in dealing with Métis through engagement
• joint special legislative committee with provincial legislators as participants
• recognition of history, culture and language
• arrive at an interest-based process to resolve Métis claims
• clarification of urban Métis issues, address these issues through existing Métis governance structures
• consultation (e.g. Department of Fisheries and Oceans consultations as a part of environmental assessments) to be initiated with existing Métis governance structures

Consultation and Accommodation

• capacity for Métis nation and other Métis government or institutions to be consulted and the accommodation of Métis right
• a policy for consultation and accommodation with the provincial and federal Crowns
• a federal system-wide policy that applies to all departments

Communications

• Métis nation research strategy
• dissemination of research funding, Indian and Inuit, NWAC
• education and history (K-12), Métis-specific culture and history, historic Métis Nation, past and present
• support for publishing
• communications capacity
• heritage minutes on TV
• Métis Nation and its role in confederation, etc.

Plenary Discussions

Following the group discussions, the participants identified key areas of concern and developed solutions in a plenary discussions.

Section 91(24)

• want federal government to acknowledge that it has jurisdiction for Métis. If not, federal government should say why and refer it to the Supreme Court
• RCAP has process for resolution

Nation-to-Nation

• Aboriginal right and Treaty Tribunal that has legislative authority
• full and equal participation of Métis women
• recognition of and respect for existing Métis organizations and/or governments
• RCAP has a suggested process
• equitable process and the application of a gender-based analysis

Negotiations Process

• constitutional obligation to negotiate
• bilateral (e.g. framework agreement, claims, legislative piece for Métis/ Canada, may include other Métis group processes)
• moving toward multilateral participation in possible comprehensive claims process with provinces
• process to move forward identified through a task force (what, why, how)

Registries

• registry is important for good governance structures
• support for Métis-controlled registries

Table of Contents

The documentation contained on this website does not necessarily represent the views of any government or National Aboriginal Organization. The purpose of this website is to share information related to the Canada-Aboriginal Peoples Roundtable: background papers, Facilitator's sectoral and final reports, agendas and media announcements.

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