Bill C-53 puts First Nations’ rights at risk

Government failed in duty to consult, Tony Alexis writes.

On June 21, 2023, the minister of Crown-indigenous Relations introduced Bill C-53, an act respecting the recognition of certain Métis governments in Alberta, Ontario and Saskatchewan. As the House of Commons convenes its session, the attention of First Nations across Canada is focused on the fate of Bill C-53 and many, myself included as Chief of Alexis Nakota Sioux Nation, are calling for its immediate withdrawal.

I am a proud advocate for inherent and treaty rights and the importance of nation-to-nation relations; as the Supreme Court’s decision in Delgamuukw v. British Columbia outlined, “we are all here to stay.” However, Bill C-53, while intending to recognize Métis’ inherent right to self-govern, fails to acknowledge the distinct values and rights of First Nations people. Due to the lack of consultation with First Nations, it also represents a significant step backward from Canada’s commitment to reconciliation, which the current federal government has purportedly embraced as a cornerstone of its mandate.

Section 35 of the Charter stipulates that Canada, or the Crown, must consult with First Nations before taking any actions that may impact both our inherent and treaty rights. When considering this requirement, the infringement on our rights contained within Bill C-53 is glaring. The government’s failure to engage in any sort of dialogue shows not only a lack of respect for First Nations’ rights but also a failure to fulfil its due diligence in consulting with First Nations, as required by the Constitution.

Bill C-53 will not only create divisions among First Nations and Métis peoples, but also jeopardize the inherent land rights of First Nations. If passed, this legislation could embolden Métis groups to make further land claims on First Nations territories, as has been demonstrated in the Ontario region.

Consultation with

First Nations is more than mere legal obligation; it is a moral imperative ...

This poses a significant risk to the land-based activities that sustain First Nations communities, including hunting, harvesting, fishing and resource management. As the original stewards of these lands, First Nations have cultivated strong relationships with industry partners to ensure a sustainable future for generations to come. These partnerships have not only generated wealth but also fostered environmental stewardship and community well-being. However, Bill C-53 has the potential to disrupt these partnerships and undermine the progress we have worked so hard to make over many generations.

If passed, Bill C-53 could establish a preferential standard for the implementation of inherent rights between Métis governments and

First Nations. The broad recognition of Métis’ inherent right to self-government under this bill contrasts sharply with the requirements imposed on First Nations, who are obligated to establish our inherent rights through arduous and expensive legal processes. This disparity not only undermines the rights of First Nations but also threatens to perpetuate a system that favours one Indigenous group over another.

As Bill C-53 advances to its third reading in the House of Commons, I implore not only the federal government and Albertans, but all Canadians committed to reconciliation, to stand in solidarity with First Nations and support the withdrawal of this bill.

The year 2024 marks a critical juncture where consultation with First Nations is more than mere legal obligation; it is a moral imperative that defines Canada’s commitment to honouring and respecting both our inherent and treaty Rights. Canada must move beyond performative gestures and take concrete actions to uphold these rights, fostering a future built on genuine partnership and mutual respect. First Nations want to work with Métis groups to forge a path forward for all — but Bill C-53 is not the solution. Chief Tony Alexis serves as an esteemed leader of Alexis Nakota Sioux Nation in Treaty 6 Territory. He proudly protects and advocates for the inherent and treaty rights of his community and people. He places immense value on strong leadership and shared responsibility in safeguarding and preserving their rich community, culture, customs, history and language.