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Court orders Saskatchewan Métis to get on with it

Author

By Shari Narine Windspeaker Contributor SASKATOON

Volume

33

Issue

2

Year

2015

Métis Nation-Saskatchewan (MNS) President Robert Doucette is confident that the upcoming court-ordered legislative assembly will bring about the changes needed to the MNS constitution that will help curb the in-fighting that has brought the organization to a screeching halt.

But Helene Johnson does not believe the solution lies in changes to the constitution.

Doucette and Johnson are members of what Saskatoon Queen’s Bench Justice Brian Scherman labeled opposing “factions” in his 17-page decision rendered early April.

Scherman ordered that a Métis Nation Legislative Assembly be held by or before June 19. Doucette heads one faction while Johnson is part of a faction led by MNS Vice-President Gerald Morin.

“Given the long history of conflict between the Doucette and the Morin factions, it is clear that a profound level of distrust exists between them,” wrote Scherman.

Doucette labels it as “a struggle of personality” which has played out to the detriment of the organization.

“If you don’t like somebody that’s elected, at least work with them,” he said. “And if you don’t like what they’ve done over their term, then kick them out. But don’t go out of your way to kill the organization just because you don’t like somebody.”

“It isn’t even so much in-fighting,” said Johnson. “We have procedures and guidelines under the constitution that need to be followed, and that has never been done. It is a good process. Just follow it.” She places the blame squarely on the shoulders of Doucette.

Scherman over-ruled the Provincial Métis Council, which set the legislative assembly for September. No legislative assembly has taken place since 2010, although the organization’s constitution mandates two annual assemblies. The provincial council is the18-member executive body of the MNS, which the Morin faction dominates.

Scherman was asked to rule when Doucette sought court action. Doucette claimed that holding the legislative assembly in September would cause “irreparable harm” to the organization as Aboriginal Affairs Canada, the primary source of funding for MNS, had cut off financial support as of Nov. 1, 2014.

Scherman agreed, calling the delay in scheduling a legislative assembly “indefensible in the circumstances… in the face of an urgent need.”

Doucette says Scherman’s decision is a “good ruling for all Métis people… because now their voice, their voice that has been missing from this organization, they’re going to have the opportunity to… (say) where this organization should be going.”

Doucette is adamant that for the MNS to move forward in a productive manner, the constitution needs to be changed. When it was adopted in 1993, Doucette, who was president of local 126 at the time, says he was among 10 people who voiced concerns that the constitution gave too much power to too few people.

“Our constitution is dysfunctional… and all the power is in the hands of nine people. With no checks and balances, there is no way to wield these people in,” he said.

Doucette is confident that one of the changes that will be brought about through the legislative assembly will see area directors stripped of much of their power.

“And if it doesn’t… we will continue to have this in-fighting,” he said.

Johnson concedes there needs to be changes to the constitution, but “not substantive” as Doucette claims. She notes that constitutional changes require a vote of 75 per cent. Johnson was an employee with one of the regions at the time the 1993 constitution was adopted and Morin served as president.

The next election for the MNS executive and directors is set for September 2016, although that timeline could be changed at the legislative assembly.

Doucette does not anticipate an earlier date, noting that it would cost anywhere from $300,000 to $500,000 to hold elections.

Doucette is now working on scheduling committee meetings which will lead to the Provincial Métis Council to happen May 8 and 9. He has already spoken to Aboriginal Affairs about receiving help to cover the costs of the legislative assembly, which he sets at around $100,000 to $120,000. At the provincial council, the date and venue will be set for the legislative assembly. Doucette does not see the legislative assembly happening any earlier than the June 19 deadline set by Scherman.

Doucette believes the decisions made at the legislative assembly will create stability in the organization, which will in turn lead to discussions with both the provincial and federal governments to reinstitute funding to the MNS and restore credibility with the public.

It will also allow the organization to move forward on such issues as violence against Aboriginal women, child care intervention, harvesting, land rights, employment and housing.

“It will lead to, at the very least, a period where we can get to that next election and get the people, who can at some point, really bear down and work for our organization,” he said.

Johnson says she has no issue with Scherman’s decision for the earlier date for the legislative assembly.

“I’m over it,” she said. “Get on with life.”