Land talks trouble Treaty 8 Metis

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As Salt River First Nation moves close to cementing its treaty land entitlement deal with the federal and territorial governments, it may mean economic growth and self-determination for one group of the region's Native people while it marginalizes their Metis cousins.

Once Salt River gets its reserve, the Metis may be in the position of depending on the generosity of those who run it, so far as traditional hunting and trapping activities are concerned, according to some Metis who live there.

The Indian Act stipulates that reserves are for the use of Indians-period. Once Salt River has its reserve, the local Metis could be dealt with through First Nations bylaws that permit them access to Indian land for traditional use. That is one option under consideration now.

The problem with this, as some Metis see it, is they would then be very much in the position of poor cousins. In this scenario, what would happen in a year or stretch of years when game was scarce? The First Nation would naturally have to make a choice to benefit its own people.

Another thing, band governments change. Bylaws can be changed or revoked by a handful of band council members. When a valuable resource is at stake, good will can be as transient as the game that moves through Wood Buffalo National Park, where the First Nation already has selected some land it wants included in its treaty land entitlement. Land that takes in some of the present best Metis trapping and fishing grounds.

Metis negotiators are saying that there is 100 per cent overlap in the lands that are being used by them and the Indian band. They say they have proposed a peace and friendship treaty as one possible way of resolving the issue of dual use.

Spokesmen for both groups of Native people were circumspect on the state of talks between them and would only say options are being discussed and they hoped to work things out to the satisfaction of all parties, so their history of sharing resources can continue and their family ties are maintained.

The chief of the Salt River First Nation, Jim Schaefer, was not available to speak to the issues on Nov. 15, but sub-chief Raymond Beaver did.

"The Metis have been putting different things in the newspaper and rather than coming and talking to the chief and the people that are working on negotiations here, they kind of go roundabout trying to, you know, do things that way.

"Because of different things that have been coming out lately in the paper . . . the person on the negotiating team has said, 'well, we're not going to respond to stuff like this anymore, because whatever is coming out is going to cause more trouble."

Beaver said that Salt River First Nation was, even so, discussing the possibility of a bylaw to allow the Metis to continue traditional pursuits on the future reserve. He said that the First Nation has selected 160 square miles for its treaty land entitlement.

Fort Smith Metis Council president Gord Villebrun said Nov. 17 that the Metis have a land claims board dealing with their land rights issues through the South Slave (Metis) Tribal Council.

Which may seem strange to some because Villebrun's "local" represents all Metis, while the South Slave Metis Tribal Council represents only so-called "Indigenous" Metis (those who can prove their ancestors hunted and trapped in Wood Buffalo National Park in or prior to 1921 and are therefore eligible for a licence to hunt there). South Slave Metis Tribal Council is the only organization in the area addressing the Metis land claim or hunting and trapping rights in Salt River First Nation's preferred treaty land entitlement area.

The South Slave Metis Tribal Council, representing about 3,500 people according to its president Robert Tordiff, passed a resolution in its annual general assembly Oct. 14 and 15 "calling upon the Minister of Indian Affairs and Northern Development to treat the South Slave Metis fairly and equitably in relation to First Nations processes underw in the South Slave Region."

Their press release states this was done "in direct response to the 'First Nations first' approach evident in the Salt River First Nation's treaty land entitlement selection process."

Tordiff, who is also vice-president of the Fort Smith Metis Council, made clear the uniqueness of their situation.

"In the South Slave . . . although there is some family linkages to Red River and some of the southern Metis areas, we are 100 per cent descendants to signatories to Treaty 8. So, with respect to the land that we're talking about, this is land that we've shared for centuries . . . with people who are now defined as Indians under the Indian Act and are members of the Salt River First Nation. We're in fact cousins.

"Now in terms of our negotiations with Salt River First Nation," Tordiff said, "we have met with them and have discussed the issue as we see it . . . and really in terms of what has come out of that discussion is recognition, of course, of the fact that there is 100 per cent overlap on lands identified by both Salt River First Nation and the South Slave Metis Tribal Council. We have also identified that there are challenges with the treaty land entitlement process, with respect to assuring that Metis are not alienated from lands within their additional territory.

". . . We're looking for something that has a little more certainty than a by-law that would require people to apply (to the band) on an annual basis."

George Kurszewski, chief negotiator for the Metis, said their situation is unique because of the long tradition of use and occupancy and their family ties to the Dene people.

"The Metis of the South Slave have a history here that goes back 300 years, so 300 years of shared land use has resulted in 100 per cent overlap. The other factor is that the Metis of this region are also descendant of the Dene of this region and therefore also because of their descendancy to the original peoples here, the Dene peoples, also have 1 per cent overlap as descendants who inherit traditional territory from their Elders," he said.

Kurszewski said on Nov. 15 that although the bylaw option is before them, "it's not a completed discussion yet because the Salt River First Nation is to provide us with a written text of what a provision may look like that they would have in their agreement that would speak to the bylaw that would allow us to continue to use reserve lands. And once they do that we'll consider it. And for our part we have also raised the matter of a peace and friendship treaty with our Dene relatives in the Salt River First Nation, as a way to preserve the history of sharing."

He said all parties would have to come to grips with a process that would not only allow the Metis to share reserve land but allow status Indians to share Metis land.

"Our people did not cede, surrender or release their Aboriginal rights or titles to the land that they have used and occupied . . . our process is without the guidance of a piece of legislation. So when we talk about our land we talk about our traditional territory, which is the subject matter of the negotiations we're presently involved in."