Achi news desk-
Ottawa must make changes to a self-government deal struck with the Metis Nation of Alberta, a Federal Court ruling says.
The ruling, released Thursday, says the deal is too broad in its definition of who it covers and was made without consulting two other Métis groups in the province.
“The only practical solution is to strike out the offending provisions of the agreement and return the matter to the minister for reconsideration,” wrote Judge Sebastien Grammond.
The deal was one of three signed by Métis groups in Alberta, Saskatchewan and Manitoba in February 2023 that recognized them as indigenous governments, put them on equal constitutional status with First Nations and opened the door to negotiations further, such as compensation for lost land.
It gave the groups control over who is a Métis citizen, choosing leaders and government operations. And it brought them under federal legislation that gives native governments control over family and child welfare.
Two independent Alberta Métis groups complained that the treaty included them under the Métis Nation of Alberta and did so without consulting them.
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They argued that it gave Alberta’s Métis Nation a unique ability to demand Métis rights in the province, something they had not consented to.
The Fort McKay Métis Nation and the General Council of Métis Settlements, which hold the only Métis land sites in the province, wanted the court to throw out the entire agreement.
Although Grammond agreed with their complaint, the judge ruled that rejecting broad sections of the deal and requiring Ottawa to come to the table with the two dissenting groups was enough to compensate.
“The agreement remains in place,” said Jason Madden, a lawyer for the Métis Nation of Alberta.
“Those provisions were too broad and include limited representation (for) Alberta’s Métis Nation. There is clear direction from the court on how to address those offending provisions,” he said.
Lawyer Jeff Langlois, who represents Fort McKay, said the decision allows his client to follow his own path to self-government outside the control of the Métis Nation of Alberta.
“For our constituency, there is a different path. And we want to make sure Canada has room to move. “
He said his client intends to seek some form of self-government in negotiations that the court has ordered Ottawa to open.
“That would certainly be my client’s goal,” he said.
Andrea Sandmaier, president of the Métis Nation of Alberta, said the group is examining the decision.
“Our over 65,000 citizens and our communities will continue to move forward on our vision for self-government that we have been promoting for over 200 years,” he said in a statement.
“Today’s decisions only strengthen our resolve to fully implement our nation-to-nation, government-to-government relationship with Canada.”
& copy 2024 The Canadian Press
