Collective Rights of the Métis. What laws recognize the collective right of the Métis? Unlike First Nations, the Métis do not have any historic treaties.

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Presentation transcript:

Collective Rights of the Métis

What laws recognize the collective right of the Métis? Unlike First Nations, the Métis do not have any historic treaties with Canada’s government They consider rights to land, and rights to use the land in traditional ways as inherent rights Inherent rights are rights they have because they are First Peoples

The Métis-led red River Resistance resulted in the Manitoba Act. The act established Manitoba as a bilingual province with education rights for Catholics and Protestants and Métis land rights The act said the Métis would receive more than hectares of land in addition to the farms they had established along the Red River

Canada’s government issued scrip to the Métis instead of establishing lands in Manitoba In some cases it offered the Métis a choice: to accept scrip or to become “Treaty Indians” under a Numbered Treaty The Canadian government did not believe the Métis had the same rights to land as First Nations and therefore did not require reserves The Métis perspective is that they have rights to land as an Aboriginal people

1885 The Northwest Resistance sought to protect Métis lands in what is today Saskatchewan, as the railway and settlers moved into western Canada. There are many different interpretations of this event in Canadian history For the Métis: it was a way to assert their rights For others (including the government): it was an attempt to overthrow Canada’s authority Many refused scrips and moved west to Alberta and Saskatchewan

Louis Riel Louis Riel led the Northwest Resistance with ended in a military conflict between the Metis and Canada’s government The Métis had sent petitions to the government about their land rights but the government did not respond Why do you think Canada’s government did not respond: did they neglect, or did it dismiss the petitions?

Louis Riel (the aftermath) Louis Riel was tried and hung for treason in Regina on November 16, 1885 At the time, Canada’s government, and many Anglophones, agreed with Riel’s sentence Most Francophone, however, opposed it and saw it as a betrayal of the Francophone-Anglophone agreement at the foundation of Confederation Today, many consider Louis Riel to be a “Father of Confederation” who upheld the rights of Aboriginal and Francophones in western Canada

Métis settlers established farms at St. Paul de Métis – near what is today St. Paul, Alberta – on land provided by the Catholic Church The Métis do not have title to this land, however, and had to leave when the settlement was closed

1938 Lobbyists seek the attention of Alberta’s government to set aside land for the Métis Alberta’s government passed the Métis Population Betterment Act in 1938 The act established 12 temporary Métis settlements This was the first time in Canada’s history that a government had provided the Métis with land

The temporary settlements did not give the Métis control of the land Four of the settlements proved to be unsuitable for farming, hunting or fishing As a result, the settlements were closed and the land went back to the government of Alberta How does this demonstrate that the Métis have diverse perspectives?

1982 The Métis lobbied for recognition of Metis rights in Canada’s constitution When the constitution was patriated, it included section 35, which recognizes the Métis as one of Canada’s Aboriginal peoples with rights

1990 Alberta’s government enacted legislation under which the Métis received settlements as a permanent land base with the right to manage their own affairs In addition, an agreement with Alberta’s government established the right of the Métis to participate in the development of oil and gas resources on settlement lands

2003 The Supreme Court ruled that the Métis have the right to hunt and fish, as one of Canada’s Aboriginal peoples under the constitution These rights recognize the unique relationship to the land of the Métis, based in history and their inherent rights as an Aboriginal people

2004 Two separate negotiations affirmed the rights of Métis to hunt and fish The agreements ensured that the Métis could hunt and fish and that they did not require licenses In 2007, the Alberta government put rules in place that restricted these rights without agreement from the Métis organizations

2006 In April, the Métis in Manitoba launched a court case seeking compensation for land promised, but not delivered, in the Manitoba Act