The Emerging Policy Relationship

between Canada and the Métis irpp.org

Nation

February 27, 2018

 Outline
• Who is the Métis Nation?
• What are the key developments in Canada-
Métis relations?
• What is the constitutional basis of Canada’s
relationship with the Métis Nation?
• What to expect moving forward?
• Should we be optimistic?

2
 Contributions
• Highlight key developments in Canada-Métis
relations
• Identify future challenges
• Discuss how Canada’s constitutional order
provides a unique policy environment to
advance reconciliation with the Métis

3
 Who is the Métis Nation?
• Distinct way of life, language and political
culture developed through kinship connections
• Represented by 5 Métis Governments:
• Métis Nation British Columbia
• Métis Nation of Alberta
• Métis Nation-Saskatchewan
• Manitoba Métis Federation
• Métis Nation of Ontario

4
 Contemporary relationship
• Métis Nation Accord
• Memorandums of Understanding to advance
reconciliation
• Bilateral Agreements (Manitoba, Alberta)
• Trilateral Agreements (Ontario)

5
 A unique policy environment
• Result of a potential discord between two
elements:
– Section 91(24) of the Constitution Act, 1867
– Section 35 of the Constitution Act, 1982

6
 Constitutional order
1867 1982
• Governments excluded • Canada must respect its
Métis from section 91(24) fiduciary relationship with
• Daniels confirms that Métis the Métis
are included • Purpose of section 35 is
reconciliation

Federal government can Federal power to legislate over

address the “policy vacuum” Indigenous peoples must be
reconciled with its fiduciary
responsibility

7
 Policy approaches
1867 1982
• The federal government • The federal government
can adopt legislation must act in a fiduciary
that affects the Métis relationship with the
Métis
Permissive Purposive

8
What is Canada’s policy approach?
Purposive Permissive
• Nation to nation • Top-down policy decisions
• Ministry of Crown- • Ministry of Indigenous
Indigenous Relations Services
and Northern Affairs

9
 Should we be optimistic?
Purposive action Permissive action
• Nation to nation • Top-down policy decisions

Reconciliation
Move beyond policies that protect Métis interests
Métis become partners in policy making

10
Thanks for your participation
Merci de votre participation

11