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MNC Settlement Agreement Between Parties Finalized and Signed - Agreement not Determined by the Courts but by the Parties

 

OTTAWA (January 18, 2008) --- The majority of the members of the Métis National Council (MNC) Board of Governors, consisting of the Métis Nation of British Columbia (MNBC) President Bruce Dumont, Métis Nation of Alberta (MNA) President Audrey Poitras, Métis Nation-Saskatchewan (MN-S) President Robert Doucette and Métis Nation of Ontario (MNO) President Tony Belcourt want to set the record straight on what occurred as a result of a Settlement Conference held before Métis Justice Todd Ducharme in Toronto on January 3, 2008. Justice Ducharme gave effect to the terms of that Settlement Agreement on January 14, 2008 at the request of all Parties.

The Settlement Conference, which was not a judicial hearing, was requested by Presidents Dumont, Poitras, Doucette and Belcourt in an attempt to avoid having key questions of Metis Governance decided in the Courts, as was the preference of Manitoba Métis Federation (MMF) President David Chartrand and Past MNC President Clem Chartier. Although both Chartrand and Chartier opposed having the Settlement Conference due to their preference for using the Courts, Presidents Dumont, Poitras, Doucette and Belcourt believed in Metis self governance and pressed the Court to order a Settlement Conference rather than litigation, a request that was granted.

In a joint statement Presidents Dumont, Poitras, Doucette and Belcourt said "We were disappointed that Clem Chartier and David Chartrand were opposed to resolving this matter within the Metis Nation rather than through the Courts. We pressed hard to have the critical matter of democratic elections within the MNC dealt with by the Metis people and not the Courts. We were pleased that the Court shared our concern and ordered the Settlement Conference. We are also very pleased that we were able to recommence the General Assembly by working within the Metis Nation rather than through the Courts. Our efforts to settle this within the Metis Nation have resulted in another step forward for the Metis Nation and Metis self governance."

Contrary to the inaccurate statements by MMF President Chartrand and former MNC President Chartier, the Settlement Conference resulted in an Agreement between the "Parties", not a court ruling, and was rendered as a "Consent Order" because it was requested by the "Parties": the "Plaintiffs" who brought the action (Chartrand and Chartier); and the "Defendants" (Dumont, Poitras, Doucette, Belcourt and the Metis National Council). At the insistence of Presidents Dumont, Poitras, Doucette and Belcourt the Agreement included fixing the delegate list for the next General Assembly so as to avoid the issue that was used by Chartrand to disrupt the last General Assembly. It must also be noted and clearly understood that this Agreement was reached in discussion between the Parties themselves without involvement of anyone else including another potential delegates from Alberta and Manitoba who are not named on the Delegate list.

 

While Presidents Dumont, Poitras, Doucette and Belcourt all reiterated that they are very pleased that their out-of-court settlement both preserved the principle of Metis Self Governance and allows the MNC Assembly to proceed with certainty, not all issues were dealt with by the Agreement. Three key issues remain before the court and are not part of the Settlement Agreement. There is no agreement to reinstate Clem Chartier as MNC President. Still to be dealt with by the courts are the issue of costs and damages. Court costs to date for both parties are in excess of an estimated $350,000. Chartier and Chartrand are claiming their costs against the defendants, including the MNC. Also outstanding is the claim of $300,000 in damages by Clem Chartier against the defendants.

Link: Full length document

 

 

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