Jason Madden, a Métis lawyer, says he hopes a new report will lead to ‘meaningful reconciliation’ with Métis communities.Fred Lum/The Globe and Mail
The Métis are a distinct rights-bearing indigenous people who hold an important place in Canadian history; governments must invest both the time and resources required to ensure their rights are protected and future prosperity ensured, says a new report that has been a year in the making.
Resolving long-standing issues with the Métis is required both by the courts and the Constitution, Thomas Isaac, the ministerial special representative on Métis reconciliation, says in the report that was released Thursday.
"Reconciliation is more than platitudes and recognition," Mr. Isaac says in the report. "Reconciliation flows from the constitutionally protected rights of Métis protected by Section 35 [of the Constitution] and is inextricably tied to the honour of the Crown, and must be grounded in practical actions."
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Mr. Isaac was appointed last year, by the former Conservative government, to look at ways that Canada can develop a new framework for recognizing Métis rights.
The importance of his work was emphasized in April when the Supreme Court said in a landmark ruling that the Métis and non-status Indians are "Indians" within the meaning of Canada's 1867 Constitution. That ruling set the stage for potentially costly negotiations around land claims and enhanced social benefits for nearly 700,000 people, more than 450,000 of whom identify as Métis – a distinct ethnic group that resulted from unions between indigenous women and European explorers and traders.
Mr. Isaac says the Métis have fared better than the First Nations and the Inuit, but they still face disproportionate challenges when social, economic, health, employment and economic indicators are measured.
Additionally, the Supreme Court has found that the federal government failed in its promise to provide a grant of 1.4-million acres of land to the children of the Manitoba Métis. Mr. Isaac recommends that Canada "immediately" engage with the Métis in Manitoba to establish a framework for negotiations that would lead to a settlement in that case.
On other issues, Mr. Isaac recommends that the federal Indigenous Affairs department takes the lead role in negotiating a rights framework for Canada's Métis, and provide long-term and stable funding to establish registries of those who legitimately belong to that group. To be Métis does not simply mean one has mixed European and indigenous ancestry, he said. Rather, following the Supreme Court definition, he said it encompasses those who can establish that they belong to an identifiable Métis community, or who can trace their ancestry to a historic Métis community.
Mr. Isaac says federal employees need to be better educated about the Métis, that the Indigenous Affairs department should assign a senior official to deal expressly with Métis matters, and that policies, programs and services for indigenous people need to be reviewed to ensure that the Métis people are "expressly and distinctly" considered.
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"Given that Métis make up approximately one third of all aboriginal people in Canada," writes Mr. Isaac, "any serious attempt at reconciliation with Métis by Canada must include a comprehensive review and recalibration of federal programs and services to ensure that Métis are being materially and equitably considered and recognized."
The Métis took the report as a sign that negotiations leading to a better relationship with the rest of Canada are about to begin.
"Over the last decade, the Supreme Court of Canada has repeatedly signalled the time has come to deal with Métis rights and claims in cases like R. v. Powley, Manitoba Métis Federation v. Canada, and Daniels v. Canada. We are optimistic Mr. Isaac's report doubles down on that message so meaningful reconciliation can begin with Métis communities," Métis lawyer Jason Madden said.
"We are hopeful," Mr. Madden continued, "that the report will recognize that reconciliation with the Métis is unfinished constitutional business that must be advanced based on the promise of section 35 of the Constitution Act, 1982."
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Indigenous Affairs Minister Carolyn Bennett said in a statement after the report was released that reconciliation with the Métis is a priority. "Our government is fully committed to working together with the Métis," said Dr. Bennett, "and to moving forward together based on a recognition of rights, co-operation and partnership."