Alberta Métis Offer Unwavering Support To Manitoba Métis Federation’s Land Claim Case

Edmonton, AB (December 10, 2007) – Today, the Métis Nation of Alberta (MNA) offered its support to the citizens of the Métis Nation living in Manitoba following the release of the written decision of Justice Alan D. MacInnes of the Manitoba Court of Queen’s Bench, in the Manitoba Métis Federation et al v. Manitoba and Canada case (“the MMF case”).

“For generations, the citizens of the Métis Nation living in Manitoba, through their representative body, the Manitoba Métis Federation, have made significant sacrifices in order for the Métis Nation to have its day in court in the historic MMF case. On behalf of Alberta Métis, I want to thank the Manitoba Métis community for its resilience and determination in seeking justice for our people. While the Manitoba Court of Queen’s Bench did not deliver justice today, our collective pursuit of justice with respect to Canada and Manitoba’s obligations to the Métis people is far from over,” said MNA President, Audrey Poitras.

Poitras added, “Our people should remember that First Nation litigants in landmark cases such as Sparrow, Delgamuukw as well as the recent Haida Nation and Mikisew cases all lost before lower courts. This is a consistent reality when new and groundbreaking legal arguments are put before lower courts by Aboriginal peoples in Canada. The MMF case is one of those landmark cases and it is likely that real justice will not be delivered to the Métis Nation until we have our day before the Supreme Court of Canada several years from now.”

“Today, the MNA continues to offer its unwavering support to the Manitoba Métis Federation in this historic litigation. As a people, we always celebrate our collective wins together, but, just as important, we rally together when we face temporary set backs in our pursuit of justice for the Métis Nation,” concluded Poitras.

Background on the MMF Case
The MMF case was filed in the Manitoba Court of Queen’s Bench in 1981. The case is about whether Canada and Manitoba fulfilled their obligations to the Métis people in relation to the Manitoba Act’s commitments to establishing a Métis land base, as set out in sections 31 and 32. The MMF asked the court to make declarations that: (1) in 1870 Canada and the Métis reached a treaty, (2) Canada and Manitoba failed to fulfill their obligations to the Métis that are set out in Manitoba Act, (3) Manitoba’s taxation of Métis lands granted pursuant to s. 31 of the Manitoba Act was unconstitutional, (4) several statues and Orders in Council made by Canada and Manitoba in relation to Métis lands were ultra vires or unconstitutional.

The MMF case did not ask for specific lands to be returned to Métis or for a specific sum of money. However, the purpose of the requested declarations would bring about a situation where Canada and Manitoba would enter into negotiations with the MMF in order to address the unfulfilled obligations to the Métis people. This type of negotiation process is similar to what governments have already done with Indian and Inuit peoples through specific claims processes (i.e. addressing unfulfilled Crown obligation or fiduciary duty breaches) or comprehensive claims (i.e. negotiating modern day land claims or treaties to address rights, lands, compensation, etc.), as a part of the reconciliation process that is mandated by s. 35 of the Constitution Act, 1982 and the honour of the Crown.

On December 7th, 2007, Judge MacInnes of the Manitoba Court of Queen’s Bench delivered a 394 page decision in which he dismissed the MMF’s claim in its entirety. The MMF has announced it will be seeking leave to appeal to the Manitoba Court of Appeal immediately.