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A Crisis of Confidence in the MNO

A CRISIS OF CONFIDENCE 
IN THE MÉTIS NATION OF ONTARIO (MNO)

By Tony Belcourt
January 9, 2019

Métis people in Ontario feel like there is a cloud over their head.  People are uncertain and have no trust in the MNO. Many have lost their harvester’s cards and others fear they are going to lose their citizenship card altogether, or at the very least, their voting rights. Many think the MNO will be reduced to representing only those Métis “from the west” and that everyone else will be left behind.  Many are saying they are being ignored by the PCMNO. People are calling for a special assembly and talking about impeachment of the MNO Executive. Some are calling for a referendum to pull out of the Métis National Council (MNC).

How did this happen?  There are a number of key factors:
·     the Registry and Self-Government Readiness Process[1](RSRP) approved by the PCMNO in October 2017[2];
·     Special Resolutions 1, 2 and 3 proposed by MNO leadership at the MNO Annual General Assembly in August 2018[3];
·     the response to the defeat of Resolution 1;
·     the MNO’s listing of “Ontario Métis Root Ancestors[4]” and its related reference to the August 2017 MNO Registry Policy for Identifying and Documenting Verified Métis Family Lines for the Purpose of Issuing Harvesters Certificates to Citizen;.
·     the MNC passed two important resolutions at its recent Annual General Assembly: 
o  first, to approve a map[5]of the Métis Nation Homeland that excluded all of Ontario except for the communities along the Manitoba border; 
o  second, to place the MNO on “probation” for a year to give it time to comply with the policy that the MNO only represent Métis whose ancestry is from the homeland in western Canada as defined by the MNC[6].

What’s behind this?  It appears that the leadership at the national and provincial level is overreacting to the federal government’s stance that it will only enter into self-government agreements with Métis organizations that represent “rights-bearing” Métis communities, i.e., those who have “Section 35 rights[7]” and can meet the test in Powley[8]. De facto, the federal government is attempting to determine who may belong as a citizen in the Métis nation.

MNO’s leadership says that there is a misconception of what is intended by their current actions. They say they have no intention of getting rid of people who do not have “Section 35 rights”.  They say they are only applying the existing MNO Registry Policy and Guidelines[9]. Why do people think otherwise?

On October 3, 2018, the MNO posted an updated statement re: MNO launches Registry and Self-Government Readiness Process (RSRP)[10].  That statement indicates that the MNO intends to let some people out in the cold.  It refers to the PCMNO resolution of October 22, 2017 calling for the review “in order to prepare for the issuance of new MNO Citizenship Cards that will verify each new card-holder as a member of a rights-bearing Métis community and a Métis rights-holder under section 35 of the Constitution Act 1982.”  It further states that the RSRP is “being undertaken in anticipation of formal self-government and Métis rights negotiations beginning with Canada and Ontario.”

The statement goes on to indicate that “MNO’s steadfast position is that all (sic) of its citizens are Métis rights-holders...”; the statement adds that however “there are some citizenship files that are incomplete and may not currently meet the requirements.”

The statement then says: “The RSRP will review all existing MNO citizenship files to determine whether they meet the requirements of MNO citizenship as set out in the MNO Bylaws and the MNO Registry Policy, which align with the Supreme Court of Canada’s decision in R. v Powley for the identification of Métis rights-holders.”  (emphasis added).  This stipulation of alignment with Powley is nota condition of the MNO By-laws nor the MNO Registry Policy.

It appears that the MNO, through the RSRP, wants to say to the federal government that the only people in the MNO are Section 35 “rights-bearing” Métis.  How else can you conclude otherwise when, coupled with everything said above, you also take this part of the statement into consideration:
Through the RSRP, the MNO Registry will also be able to obtain a better understanding of exactly ‘who’ the MNO represents for future negotiations on self-government and Métis rights.  For example, as a part of the review the MNO will know how many of its citizens ancestrally connect to one of the seven recognized rights-bearing Métis communities in Ontario as well as how many ancestrally connect to the Métis Nation in western Canada, but now live in Ontario.” (emphasis added).

These statements on the RSRP appear to have fed into PROPOSED SPECIAL RESOLUTION #1  that was moved at the MNO’s 2018 AGA with the full support of many members of the PCMNO, including its Executive[11].  The Resolution’s preamble, giving reason to the resolution, further clarifies an intention to narrow those who would have MNO citizenship.  The preamble introduces concepts and provisions that are not included in the MNO By-laws or MNO Registry Policy.  Those parts are underlined in the text of the preamble which reads:

WHEREAS THE MNO has initiated the Registry and Self-Government Readiness Process (the Registry Review) to determine how many MNO Citizens meet the current citizenship requirements set out in the MNO Bylaws and are verified Métis rights-holders; (emphasis added)…

AND WHEREAS the MNO’S legitimacy, credibility and future negotiation – as a Métis government – will be built on its representation of Métis rights-holders and rights-bearing Métis communitiesin Ontario as well as its objectively verifiable citizenship registration system:” 

The proposed resolution then makes its intention starkly clear.   It states:

THEREFORE BE IT RESOLVED that the 2018 MNO AGA directs the following:

1.     That the following “Removal from the MNO Registry” provision be added as the new section 7 to the MNO Bylaws:

All MNO citizens must have documentation in their citizenship file to demonstrate that they meet the current MNO requirements for citizenship as set out in sections 4 and 5 of the MNO Bylaws and MNO Registry Policy by July 31, 2020.  If, as determined by the MNO Registrar through the process set out below, a MNO Citizen has an incomplete citizenship file on July 31, 2020, that individual will be removed from the MNO Registry and cease to be an MNO Citizen effective immediately.

MNO citizens voting at the 2018 AGA soundly defeated this Proposed Special Resolution #1. But has the intention of removal of MNO citizens been defeated as well? The appearance is otherwise. 

The Registry Review Process passed in October, 2017 set in motion a string of actions that have alarmed people.  Some PCMNO Councilors were threatened to be removed.  Community Councilors who up to now have been verified are receiving letters that indicate they lack adequate documentation and fear they will not be verified to run for office 

Perhaps the most concerning issue of the Registry Review Process is this statement found in the latest MNO Information Bulletin of November 9, 2018:

“MNO Citizens that receive a letter noting that their file is incomplete remain MNO Citizens but they will not be issued a new MNO Citizenship card until their file is complete.”

This statement and other aspects of the Registry Review Process can only indicate one thing: the issuance of new cards means something.  Just what is intended?  Will this mean that without a new card people will not be able to vote at the next MNO election?  Will they no longer be able to access programs and services provided by the MNO?

To assist MNO citizens in providing documentation, it has a post on its website concerning “Ontario Métis Root Ancestors[12]”.  The post states in part: 

In 2010/11, based on direction from the MNO AGA, the MNO’s leadership undertook province-wide consultations on the MNO Registry. Based on these consultations, a ‘What We Heard’ report was prepared and accepted by the MNO AGA, which included a series of suggestions in relation to Ontario Métis identification and registration. In particular, MNO citizens suggested creating “a list of ‘root’ Ontario Métis families that people could simply trace to” and “a compilation of easily accessible source materials relevant to genealogical research” to assist individuals applying for MNO citizenship or Harvester Cards.

In recent years, the MNO has been able to secure dedicated funding to undertake work on these suggestions. The packages available for download below were developed as a part of the MNO’s Métis Root Ancestors Project (Phase 1). These packages include information on some Métis Root Ancestors in Ontario, along with their Descendants, which the MNO Registry uses to verify that a citizenship applicant ancestrally connects to a historic Métis ancestor for the purposes of the 
MNO Registry Policy or that an existing MNO citizen ancestrally connects to a verified Métis Root Ancestor for the purposes of being issued a MNO Harvesters Card pursuant to the MNO Harvesting Policy. In order to better understand how these packages are created please review the MNO Registry Policy for Identifying and Documenting Verified Métis Family Lines.

The MNO emphasizes that the packages below do not include all of the Métis Root Ancestors who made up various historic Métis communities located throughout Ontario. A comprehensive listing and packages for all Métis Root Ancestors in Ontario will likely take many more years to complete. Rather than waiting for all Ontario Métis Root Ancestors to be researched and identified, the MNO wanted to provide these presently available resources immediately. Additional Ontario Métis Root Ancestor packages will be added as they are finalized. Please regularly check this webpage for updates.
This package is useful and a positive move. However, while acknowledging that it is incomplete, the MNO Registrar relies on it as if it were complete, resulting in MNO citizens receiving letters saying their files are incomplete because their ancestors may not be included in the lists or are not verifiable. When compiling the lists, many MNO citizens were not consulted or involved in its development. 
The fact that MNO citizens are receiving letters indicating that their files are “incomplete” and that they won’t be receiving a new MNO card, coupled with the recent Métis National Council (MNC) resolutions concerning eligibility of the MNO to remain in the MNC and the resolution to adopt a map of the Métis Nation homeland that excludes 90% of Ontario has MNO citizens justifiably very worried and confused.  There is almost a sense of panic.
All of this is unnecessary.  The MNO must cease reacting to perceived notions that the federal government will only enter into agreements with the MNO if it solely represents “Powley Métis” or “rights-bearing” communities. The MNO need not fear that even if, eventually, it is no longer member of the Métis National Council it will lose out on its share of funding provided to the MNC for research or other purposes.
The MNO is on solid ground in its representation of all MNO citizens. This recital, which gives meaning to the MNO-Canada-Ontario Framework Agreement for Advancing Reconciliation,[13]affirms the obligations of governments to enter into an agreement with the MNO:
AND WHEREASthe Supreme Court of Canada, in R. v Powley (“Powley”), held that “the inclusion of the Métis in Section 35 represents Canada’s commitment to recognize and value the distinctive Métis cultures, which grew up in areas not yet open to colonization, and which the framers of the Constitution Act, 1982recognized can only survive if the Métis are protected along with other aboriginal communities”; 
The current crisis of confidence could be corrected if the PCMNO takes the following steps:
·      Issue a declaration that the MNO represents allMNO citizens; that some may have documentation to satisfy agreements concerning harvesting rights or other Constitutional rights as well as those who are in the process of obtaining documentation and that any future agreements accommodate this position.

·      Issue a declaration that every MNO citizen has the right to vote within the MNO governance structure.

·      Amend the RSRP to eliminate the provision concerning the issuance of new cards.

·      Issue a declaration that the MNO alone decides who its citizens are and that no outside agency, including the Métis National Council, has any jurisdiction over the MNO Registry Policy or its Bylaws.

·      Refuse to comply with the “MNO Probation Resolution” passed at the recent MNC AGA, and lobby to bring about a resolution to reverse that decision.

·      Announce an intention to initiate a “Community Acceptance Process” for the MNO Registry and begin community consultations accordingly.
-30-
Tony Belcourt
January 9, 2018









[11]Per “Proposed Special Resolutions” circulated by the MNO Chair on July 16, 2018, the following members of the PCMNO moved the resolution: President Margaret Froh, Vice-Chair Sharon Cadeau, PCMNO Councilors Pauline Richardson, Theresa Stenland, Mitchell Case and Senator Verna Porter-Brunelle
[13]http://www.Métisnation.org/media/654616/scanned-from-a-xerox-multifunction-printer.pdf

Comments

  1. The MNO is being placed on probation by the MNC. If our roots are not from Manitoba or further west, in their opinion, we are not a rights bearing Métis people. This is total nonsense and pure fabrication which we must fight tooth and nail. Ontario is full of Métis with equal rights as those from the West.
    The Supreme Court of Canada confirmed that Métis are a rights-bearing Aboriginal people in its judgement in R. v. Powley in 2003.
    The entire Métis people of Canada is a great Family from coast to coast to coast, our Homeland. Why is MNC tracing an imaginary territory they call Homeland, westward of the Ontario/Manitoba border creating a division in our great Family. This is morally and legally wrong. If MNC recognize and agree that meeting the Powley criteria is fundamental to being a rights bearing Métis, why is the Homeland blanket being pulled Westward to ignore and abandon MNO?
    We are strong in our convictions and must stand united and not bend to MNC’s demand in this respect. Pulling out of MNC or impeaching our Provincial Council for lack of opposing action can only be a last resort.
    Current President Margaret Froh, a lawyer in her own rights, should immediately inform all the MNO citizens, in plain language, where SHE stands, where the PCMNO stands and what action they propose to take to resolve this issue.

    ReplyDelete

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