Windspeaker News Briefs

MMF to appeal ruling 

The Manitoba Métis Federation is planning to appeal a decision handed down by the Manitoba Court of Queen’s Bench on Dec. 7 that dismissed its long-standing claim for compensation for loss of the land base promised to Métis people in Manitoba in 1870.

The case revolved around a claim by the MMF that they “have suffered an historic injustice” due to the loss of the land base promised to them under the Manitoba Act of 1870. The plaintiffs in the case-all MMF members-claim to be descendants of the Métis people the land base was promised to in the act, and as such are entitled to land and other rights guaranteed under the act.

In presenting their case to the court, the MMF claimed that a treaty was struck between the Crown and the Métis provisional government in 1870. The provincial Métis organization further claimed that the federal government failed to fulfill its obligation to the Métis people as outlined in the Manitoba Act, that the province of Manitoba interfered with fulfillment of that obligation through legislation that it passed and by imposing taxes on the lands, and that certain statutes and orders in council made by both levels of government regarding the lands were unconstitutional.

“In my opinion, the facts of this case cause me to conclude that as a matter of law the plaintiffs’ claim is fundamentally flawed,” Justice Allan MacInnes stated in his decision. “It seeks relief that is in essence of a collective nature, but is underpinned by a factual reality that is individual. At the relevant time, the Métis did not live in a communal or collective setting. True, they lived more of less together in parishes, the common connection being religion, language and culture. But they held land on an individual basis and were able to and did sell, buy and otherwise deal with their land as did any other individuals, but Indians. Sections 31 and 32 of the act by their language clearly provided for individual grants, and section 32 was not directed at the Métis qua Métis, but to landholders in the area that became Manitoba. Given the factual basis for this litigation, I fail to understand how the plaintiffs can now seek collective entitlement to a land base, something they did not enjoy or seek to enjoy at the material time. There is nothing in the evidence to suggest that Canada ever discussed or contemplated the creation of a land base for the Métis at the time. Nor is there anything in the language of section 31 or 32 which speaks of or from which one could infer that a land base was intended.”

“We will appeal the decision. History shows that very rarely does a lower court side with Aboriginal peoples on a matter of importance. The Métis people will have to rely on a higher court. We would not be surprised if this went all the way to the Supreme Court of Canada,” MMF President David Chartrand said in a statement released following the decision. “The MMF has been in court on this issue for a quarter century. Challenging Justice McInnis’ judgment is another one of the steps we must take on our way to getting justice for the Métis people.”

AIP signed in Nunavuk

An agreement-in-principle (AIP) entered into by the Makivik Corporation, the federal government and the government of Quebec on Dec. 5 is the first step in a process designed to provide the Inuit people living in Quebec’s Nunavik region with more control over the way their communities are governed.

The AIP proposes creation of a new regional government that will consolidate three existing organizations-the Kativik Regional Government, the Kativik School Board and the Nunavik Health and Social Services Board. The regional government would be run by an assembly of 21 members, including an executive council of five elected members.

“The agreement-in-principle signed today is at the heart of our desire to promote, as never before, the socioeconomic development of the Inuit communities,” Quebec Premier Jean Charest stated in a news release announcing the signing. “It aims to build an efficient government institution truly adapted to the needs of Nunavik.”

“In conjunction with the governments of Canada and of Quebec, it is by maximizing our efforts and by pooling our resources that we will be able to more effectively advance the regional priorities of Nunavik and significantly improve the living conditions in our communities,” Makivik Corporation President Pita Aatami stated in the release. “I am confident that together and in the wake of the amalgamation of our public institutions and the creation of a new government, we will succeed in building a better Nunavik for the greater good of our communities and our children.”

Before the amalgamation outlined in the AIP can proceed, a final agreement must be negotiated that outlines terms and conditions of the amalgamation. The final agreement must then be ratified by all three signing parties, approved by the people of Nunavik through a referendum, and then given a final stamp of approval by the provincial and federal government.