Ruling exposes rifts in Métis leadership

A recent court ruling in favour of the Métis Nation of Alberta highlights divisions within the community amid ongoing negotiations with Ottawa for self-determination, says the president of the Fort McKay Métis.

“(It’s) a club trying to represent the rights of the traditional Métis community,” Fort McKay Métis president Ron Quintal said.

The case was brought forward by Donald McCargar, a member of the Métis community who objected to two bylaw resolutions passed by the Métis Nation of Alberta Association (MNA) in 2016.

The resolutions related to the association’s assertion of collective rights on behalf of all Métis in Alberta, including negotiating a modern treaty relationship with the Crown.

A Court of Queen’s Bench decision July 20 upheld the resolutions and dismissed McCargar’s application, but said the association isn’t governmental or sovereign.

“This is not to say the association cannot represent a limited Aboriginal group in discussions with government, industry or other stakeholders,” the ruling says.

Quintal says the decision shows the association isn’t operating as a nation.

“It clearly states that the Métis nation only speaks for people who are within the membership, it doesn’t speak for the entire nation,” he says. “It’s not a victory I’d be very proud of.”

But Jason Madden, the Métis Nation of Alberta’s Toronto-based lawyer, says the case is in line with the incremental steps it will take for the Métis nation to achieve self-governance.

“The court actually confirms the MNA does represent its citizens or its members for the purposes of its authorization.”

The Supreme Court of Canada handed down a 2016 ruling finding Métis people and non-status Indians should be considered, for legal purposes, “Indians” under the Constitution.

Since this decision came down, Madden said, the federal government has signed framework agreements with Métis nations in Alberta, Manitoba, Saskatchewan and Ontario to begin negotiations for self-governance.

“Those negotiations (in Alberta) are, to be quite frank, clipping along and we’re hoping to see progress on that in the next year.”

The recent court ruling affirms the MNA is well-placed for negotiations given the fact that the association’s bylaws were upheld, Madden said.