The New Métis Constitution in Alberta
After years of hard work, the Metis Nation of Alberta (“MNA”) tabled a draft Constitution (“MNA Constitution”) with delegates at their 94th Annual General Assembly by the MNA Constitution Commission in August 2022. The 29-page document was overwhelmingly passed by the delegates, and was ratified by the citizens of the MNA in November of that same year, with the official document published on 1 December, 2022.
The MNA Constitution represented a significant victory for the MNA, who in 2019 signed a Metis Government Recognition and Self-Government Agreement with Canada, and the document itself represents years of community engagements, gatherings, hearings, written feedback, and more. The MNA Constitution is divided into seven parts: I. Foundational Principles; II. Bill of Rights; III. The Otipemisiwak Metis Government; IV. Alberta Metis Settlements; V. Metis Lands; VI. Officers and Institutions; and VII. General Provisions.
The document opens with a declaration of self-determination and self-government, asserting that as a people, the MNA holds said inherent right of self-determination and self-government, as well as all the rights that inhere in all peoples, including those recognized in international law as described in the United Nations Declaration on the Rights of Indigenous Peoples (“UNDRIP”). The Foundational Principals lay out the history of the MNA, as well as who is included. Part two lays out the Bill of Rights for each citizen.
Part three, the Otipemisiwak Metis Government (“OG”), lays out the districts, the district councils, the citizens’ council, the structure of their government, and the roles, responsibilities, and powers of the councils and executives. It sets out the four branches of the OG as well as its purposes, goals, and responsibilities. It also introduces the “Citizens’ Gathering”, which brings citizens together in a forum where members can share their culture. This gathering also serves as a forum for the executives to give their reports to the citizens. The sixth part also addresses officers and institutions, while the final part provides general constitutional provisions such as the need for a code of ethics.
Of particular note, however, are parts four and five of the MNA, which detail the Alberta Metis Settlements and Metis Lands. The MNA Constitution notes that Metis Settlement and Settlement Members have the same meanings as set out in the Metis Settlement Act, RSA 2000, c M-14 (“MSA”). Under the MSA, a settlement member is defined as an individual who is a member of a settlement, and a settlement is defined as one of the corporations listed in s 2(1) of the MSA.
The MNA Constitution also notes, under its chapter detailing Metis Lands, that the MNA has the right to and “requires the use, benefit, control, and stewardship of appropriate and sufficient lands to maintain, protect, and enhance Metis nationhood, identity, language, culture, gatherings, trade, commerce, and self-government on a land base.” The OG thus seeks to repatriate land; to protect and hold said land; to “secure access, use, benefit, control, and stewardship” of the land throughout all the territories of the MNA within Alberta; and to secure the protection of these Settlement Lands for the use and benefit of the MNA.
The MNA also declares that the OG is to secure, among other things, recognition and redress for the inter-generational impacts of Metis “scrip” and other land dispossessions. Furthermore, the MNA interestingly states that the legacy of Metis scrip must be “recognized and redressed through a land claims agreement.” This land claims agreement is to be interpreted within the meaning of s. 35(3) of the Constitution Act, 1982 (which states that treaty rights include rights that “now exist by way of land claims agreements or may be so acquired”), between the Crown and the OG on behalf of the MNA.
For those curious as to what a “scrip” is - during the treaty-making process the Metis were given the option of being treated “as Indians” and joining the treaty process. Those who didn’t wish to be counted among the First Nations were offered what is called “scrip”, which in this context were certificates given to individual Metis people by the government. These certificates extinguished a Metis person’s Aboriginal title in exchange for specific tracks of land or for a one-time cash payment. Many Metis later sold their scrips to speculators. The “scrip” process was headed by a Scrip Commission that operated concurrently with the negotiations for Treaty 8 in Alberta. In total, nearly 1200 money scrips and 48 land scrips (totaling nearly 4500 hectares of land) were issued throughout Treaty 8 lands, and as many Metis sold their land scrips, that land has since become “lost” to them.
As the MNA states its intent to “repatriate” and otherwise secure access and use of their lands throughout their territories within Alberta, and that they intend to address the Metis scrip through a land claims agreement, it can be assumed that further negotiations with the Crown will be forthcoming. This will be an interesting step in Canada’s Indigenous-Crown relations, especially land claims are viewed as being largely a treaty (and therefore primarily First Nations) issue.