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Defining
Métis Identifying Our Nation By Christi Belcourt & Jason
Madden
| This is a copy of a
story to appear in an upcoming issue of Indigeous Business
Magazine | Lately in the media, there
has been much coverage on the issue of "Métis Definition". The question of
"Who Is Métis"? is nothing new. The issue has been discussed and debated
for generations around camp fires, kitchen tables and at community
meetings.
As citizens of the Metis
Nation we know who we are, but Canadian governments have taken the
position that they cannot deal with us as a people because they do not
know who we are. This convenient position of governments is being
challenged, as higher courts within Canada are beginning to address the
important issue of Metis definition and force Canadian governments into
action to fulfill their obligations to the Metis Nation.
Most notably, there are two
cases that have been pushing this issue to the forefront. The R. v. Powley
case in Ontario and the Dumont v. Canada case in Manitoba.
In the Powley case, the
definition of who is Metis is central in determining who can exercise the
Sault Ste. Marie Metis community's harvesting right. To date, three levels
of Ontario courts have grappled with "Metis definition", each coming up
with different variations and solutions on the issue. When the Powley case
is finally before the Supreme Court of Canada, the issue of Metis
definition will once again be addressed and any decisions made by the
court will be binding throughout the country.
In the Dumont case
Metis Nation citizens seek a declaration that various federal and
provincial statutes enacted in the 1870's and 1880's were unconstitutional
because they effectively deprived Metis to land they were entitled to
under the Manitoba Act, 1870. If successful, such a declaration would
entitle the Metis claimants to compensation. However, identifying the
contemporary Metis beneficiaries to such compensation will become
pivotal.
Many people may argue that this litigation will determine
who is "Metis". However, the Metis National Council (MNC) takes the
unwavering position that under domestic and international law only the
Métis Nation has the inherent right to define its citizenship, not any
external government or court.
Since 1996, the MNC through its
Governing Members have been working towards the adoption of a definition
of Metis by the historic Metis Nation. This process has included on-going
community consultations, the development of discussion papers and
circulating various options for a definition.
At this year's MNC
Annual General Assembly (AGA), held in Vancouver on June 9th & 10th,
Metis leadership from across the Homeland approved a "Métis Definition" in
principle. This approval was based on an understanding that further
consultation was to take place with citizens of the Métis Nation
throughout this year, with the final definition to then be either accepted
(ratified) or not at the next MNC AGA.
The MNC and its Governing
Members will be undertaking consultations throughout this year. We want to
hear from all Metis citizens across the Homeland. If you would like to
comment on the definition issue, please write to:
Mr. Gerald
Morin President Métis National Council 350 Sparks St., Suite
201 Ottawa, ON, K1R 7S8 Fax: 613-232-4262 Email:
president@metisnation.ca
Additional information on the national
definition issue and a copy of the adopted-in-principle definition are
available on the Metis National
Council's website.
MÉTIS NATIONAL COUNCIL DEFINITION OF
"MÉTIS"
1.
Definitions
- "Métis" means a person who
self-identifies as Métis, is of Historic Métis Nation ancestry, and is
accepted by the Métis Nation through the Acceptance Process.
- "Acceptance Process" means
the process to accept applications for registration on the Métis Nation
Register, as established herein, and administered by the respective MNC
provincial governing member jointly with the MNC, all as amended from
time to time.
- "Historic Métis Nation"
means the Aboriginal people then known as Métis or Half-breeds who
resided in the Historic Métis Nation Homeland
- "Historic Métis Nation
Homeland" means the area of land in west central North America used and
occupied as the traditional territory of the Métis, or Half-breeds as
they were then known.
- "MNC" or "Métis National
Council" means the governing body that represents the Métis
Nation.
- "MNC provincial governing
member" means the provincial or territorial entities who jointly form
the MNC.
- "Métis Nation" means the
Aboriginal people descended from the Historic Métis Nation which is now
comprised of all Métis Nation Citizens and is one of the "aboriginal
peoples of Canada" within the meaning of s.35 of the Constitution Act
1982.
- "Métis Nation Citizen"
means a person whose name is on the Métis Nation Register.
- "Métis Nation Register"
means the national list of Métis Nation Citizens and includes the lists
maintained by the MNC governing members, all as amended from time to
time.
- "Registrar" means a person
appointed by an MNC provincial governing member who is responsible for
maintaining the Métis Nation Register within its respective jurisdiction
and includes any person appointed by the MNC as national
Registrar.
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