Alberta Government’s Recent Changes to Subsistence Harvesting Licenses Misses Mark In Addressing Métis Harvesting Rights

Métis Nation of Alberta encouraged by Minister Morton’s new found ‘good will’ on Métis harvesting and requests meeting

Edmonton, AB (December 18, 2007) – Today, the Métis Nation of Alberta (MNA) officially responded to the announcement made last week by Ted Morton, Alberta’s Sustainable Resource Development (SRD) Minister, in relation to changes to Alberta’s subsistence harvesting licenses.

In September 2003, the Supreme Court of Canada affirmed that Métis have food harvesting rights that are protected by Canada’s Constitution.

Harvesting is a practice that is central to Métis culture. It is a historic tradition that has been a part of the Métis way of life since before Canada was formed. The Métis people continue this practice today as a means of protecting their distinct identity as an Aboriginal people, transmitting their culture to the next generation, and, nurturing their special relationship to their traditional territory. This is the underlying reason why Métis harvesting rights received constitutional protection in 1982.

Based on the Powley case, other Supreme Court of Canada decisions and a recent Alberta Court of Queen’s Bench decision (R. v. Kelley), the Alberta Government is under a “constitutional imperative” to accommodate Métis harvesting rights within its regulatory regime. This cannot be accomplished through an arbitrary and discretionary regime that is unilaterally created by the Alberta Government. Métis must be consulted on regimes that affect their constitutional rights. In addition, Métis do not need to be poor or handicapped in order to exercise their constitutionally protected harvesting rights.

The Alberta Government’s recent changes to the subsistence food harvesting licenses, do not fulfill its constitutional imperative to Métis harvesters. These SRD changes are irrelevant to Métis exercising their constitutional rights.

Similar to how Minister Morton and SRD should not be assessing or determining who is Métis, they should also not be asking Métis to provide SRD with their income tax filings in order to assess whether Métis are poor enough to hunt for food. This is insulting and no other Aboriginal people are put in such a position when they are exercising their constitutional rights. Métis harvesters do not need to participate in this demeaning and paternalistic regime in order to exercise constitutional rights.

Until the Alberta Government arrives at a mutually agreeable accommodation with the MNA that fulfills its constitutional obligations to Métis harvesting rights, the Alberta regulatory regime is inapplicable to rights-bearing Métis harvesters. Based on the direction of the MNA Annual General Assembly, Métis harvesters should continue to follow the MNA Harvesting Policy. Métis harvesters do not have to apply for a SRD license (unless they so desire), since the Alberta Government has not fulfilled its constitutional responsibilities. The MNA will continue to support its harvesters that are charged under Alberta’s current unconstitutional regime.

With that said, the MNA welcomes Minister Morton’s new found “good will” on Métis harvesting. In May 2007, the MNA President reached Points of Agreement of a Final Métis Harvesting Agreement (Points of Agreement) with Guy Boutilier, Alberta’s Minister for International, Intergovernmental and Aboriginal Relations (IIAR), as the Minister tasked to lead the Métis harvesting negotiations for the Alberta Government. A copy of these Points of Agreement are attached. These Points of Agreement would have moved the MNA and Alberta Government forward. These Points of Agreement were not supported by Minister Morton and instead he implemented a unilateral SRD Métis Harvesting Policy in July 2007.

“Even though Minister Morton did not consult with the MNA on SRD’s recent changes and these changes completely miss the mark on Métis harvesting, I am encouraged by his new tone and stated good will on this file,” said  Audrey Poitras, President of the MNA.

Poitras added, “Through this recent announcement Minister Morton has clearly recognized that his unilateral ‘Métis Harvesting Policy’ is not working and that any future accommodation needs to deal with Métis living throughout all of Alberta. These are positive developments. Until proven otherwise, I am willing to take Mr. Morton’s new found good will at face value.”

“This week I will be writing Minister Morton and requesting a meeting with him and Minister Boutilier for the new year in order to discuss moving forward on the Points of Agreement that Minister Boutilier and I continue to support. I am optimistic that in the new year, the MNA and Alberta Government will move forward in partnership on this file again. That would be a great Christmas present for Alberta Métis,” concluded President Poitras.

Link: Points of Agreement for a Final Haresting Agreement