Feds begin discussions with Metis

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Metis National Council (MNC) President Gerald Morin marked the opening of this year's Back to Batoche celebrations with an announcement that the federal government is ready to begin exploratory discussions with the Metis Nation to determine if there is any basis for future negotiations regarding recognition of Metis rights.

Morin was joined by Ralph Goodale, Minister for Public Works and Government Services and the Federal Interlocutor for Metis and Non-Status Indians in making the announcement.

According to Morin, the road that led to this discussion process began back in 1998, when the federal government released its Gathering Strength document in response to the report of the Royal Commission on Aboriginal Peoples.

"At that time, we were very disappointed because basically in the federal response there was nothing there for the Metis Nation, we were forgotten once again. It was essentially a deal between the AFN and the federal government, and that's basically what the federal response was, based on discussions that they had been having for some time. So we made our disappointment known at that time, and when the federal government did give its response, they made the commitment that they would enter into some sort of a Metis Nation agenda or a framework agreement by which we could establish a negotiating table with respect to Metis rights, so that we can negotiate the implementation of our rights in Canada. So that commitment is outstanding since that time," Morin said.

"In terms of the historical context, Canada's policy has always been one of unrecognition of our people and our rights. And we've never had a negotiating table to negotiate the exercise of our rights -the proper recognition of our peoples, first of all, our governing structures and the implementation of our rights in Canada. So we've been having discussions, I guess, since then, and we've had some successes and some setbacks," he said. "The exploratory discussions that we unveiled in Batoche a couple of weeks ago, basically, was a result of those ongoing discussions. And now what we have are six month exploratory discussions to talk about a number of Metis rights issues including land and resources, self government and so on. And one of the things that we would be looking at very seriously is if there's a potential for future negotiations between the MNC and Canada, and a framework agreement by which we could sort of enter into those discussions. So that's what we're going to be looking at.

"They're exploratory," Morin said of the discussion process. "I mean, we may have something at the end of it, or we may have nothing. They're purely exploratory discussions, but from our perspective, clearly what we want to do is establish a negotiating table and formal negotiations with regard to Metis rights and self-government and so on."

Morin is optimistic that the federal government is entering into these discussions in good faith, despite the Canadian government's past history of not recognizing the Metis as a distinct people.

"We're hopeful, and I'm assuming that the federal government is being sincere about entering into these discussions and being authentic in terms of seriously exploring the idea of entering into formal negotiations with the Metis nation as represented by the MNC. And if we're able to do that, that would be a tremendous breakthrough for us. Historically, we've never had anything. The policy from Ottawa has always been one of denial. So we're hopeful that they're sincere and that they'll enter into these discussions in earnest, with the idea of establishing a formal negotiation process. And I can only assume that that's what they're doing.

"I know from my relationship with Ralph Goodale, the Federal Metis Interlocutor, that he has our best interest at heart, and I know that he's working hard and doing his best, knocking on doors, and trying to overcome the same barriers we've been dealing with for many years to try to get t to a point where we can enter into those negotiations. So I have no doubt with respect to his sincerity. I think he wants to do the right thing."

The six months of discussions will take place on many organizational levels, Morin said. In addition to meetings between himself and Goodale, Tony Belcourt, president of the Metis Nation of Ontario will also be holding meetings with senior officials from the Privy Council office, and lower level officials from the MNC and federal government will also be taking part in the day to day discussions.

Morin believes that part of the reason the federal government has chosen now to begin discussion with the Metis Nation is because of two cases that are expected to go before the Supreme Court of Canada early in the new year-the Powley case, which deals with whether Metis people have an Aboriginal right to hunt under Section 35 of the Constitution of Canada; and the Blais case, which deals with whether Metis people have the same protection of their harvesting rights in Manitoba as is afforded to First Nations people.

"Those two cases will be heard together by no later than February of next year, and this will be the first time in our history that we as Metis will be before the Supreme Court of Canada. So there's no doubt that the federal government is very cognizant of this, and we've been pushing for proactive leadership on all sides, and hopefully we can negotiate agreements which promote the best interest of our people, allow us to exercise our rights, and which are done in good faith. I mean that would be our preference to court decisions. But because we've been shut out, and we haven't been taken too seriously in the past, we've had no alternative. So I think the federal government is very aware of those court actions, and I think it looks pretty good for us," Morin said.

"I think they realize that, and it's not a question of if they have to deal with us, it's a question of when, and sooner or later they're going to hae to establish those negotiating tables so we can negotiate proactive agreements based on good faith."