Federal Recognition Of Métis Self-Government Is A Big Deal
Commentary by Tony Belcourt
At last, Métis will be out of the clutches of governments. Without recognition of our right of self-government, we have been forced to operate our collectives as “not-for-profit” corporations or associations.
The bottom line is that the leaders of those organizations are legally bound by the provincial corporations acts and their allegiance is therefore bound to the corporation – not to the people. They are sworn to uphold the interests of the corporation and when lawyers tell them they are bound to secrecy, they obey.
Nobody can mistake my intense dislike for “incorporating” under provincial laws. When we started the Métis Nation of Ontario, we decided we would operate as a Métis governing body outside of those laws. But, regrettably, we were forced to incorporate a secretariat for the purpose of doing business because we would otherwise not be eligible for any government funding.
So we did that. But we never the less tried to operate as a governing body that was accountable to only the citizens of the MNO. We adopted the MNO Statement of Prime Purpose, set out our values and aspirations and set about to advance the recognition of our rights. But because we were operating under provincial laws we soon got caught up in policies and by-laws that saw us drift more and more towards operating as a corporation: a corporation that delivered federal and provincial programs and services according to their policy and objectives rather than our own.
The Métis Government Recognition and Self-Government Agreement now affords us the opportunity to finally once again be a free people. We can develop our own constitution, our own laws and determine for ourselves how we want to allocate or deliver funding. And we are now a giant step forward to addressing the biggest issue of all – land!
Now that the agreement is signed and in force, it is incumbent upon the MNO to establish a process of consultation with MNO citizens – a process that is open and transparent and one that gives everyMNO citizen an opportunity to be fully engaged. The MNO must use every means to do this: face-to-face meetings and conferences, electronic media including use of the web for open debate.
This will, of necessity, be a long process. We must develop a constitution, laws and governance structures that are of the people, by the people and for the people. We may choose to build upon some existing policies but we must develop the constitution based on our values and traditions and not merely copy cat federal or provincial structures. How will we build in full representation and the means for opposition to be heard and taken into account? What models of historic Métis governance can we draw upon?
This can’t be done overnight. An Intergovernmental Relations Agreement must be developed. A Fiscal Financing Agreement and a Transition Planmust be developed and signed. In the end, this Agreement and the MNO Constitution must be ratified by a process that surely must include a referendum.
The Agreement states that the constitution must deal with the following matters at a minimum:
(a) the definition of, and requirements for, being a Citizen;
(b) the Métis Government’s Governance Structures that represent the Métis Communities Represented by the MNO at the local and regional levels;
(c) the processes for leadership selection of the Métis Government's Governance Structures;
(d) financial management and accountability of the Métis Government to its Citizens;
(e) criteria for delegation of Authority by the Métis Government;
(f) processes for the recognition or establishment of Institutions by the Métis Government, including provisions for accountable governance of those Institutions;
(g) political accountability of the Métis Government’s leaders to its Citizens;
(h) enactment and amendment procedures of Métis Government Laws, including their publication;
(i) internal appeal and redress mechanisms;
(j) conflict of interest;
(k) voting and referenda;
(l) access to information;
(m) amending processes for the Constitution; and
(n) any other matters.
In addition the MNO will be developing future agreements regarding the following:
· Additional Self-Government Jurisdiction;
· Language, Culture, and Heritage;
· Education;
· Training;
· Child Care;
· Early Childhood Development;
· Child and Family Services in a Manner that is Consistent with any Relevant Federal Legislation;
· Administration of Justice;
· Housing and Infrastructure;
· Health Services and Promotion;
· Economic Development;
· Environment;
· Veterans’ Affairs;
· Application of Métis Government Laws on Lands held by the Métis Government or a Governance Structure;
· The Métis Government’s Role, Involvement, or Shared Decision-Making in Relation to:
§Water and Subsurface Rights;§Wildlife, Fishing, and Fisheries; §Forests;§Protected Areas; and§Land Management;
· Environmental Assessment;
· National Parks; and
· Any Other Matters Agreed to by the Parties, including Taxation.
The Agreement signed by the MNO and the Federal Government on June 27, 2019 represents great opportunity for us. It can, and will, be difficult to reach consensus on every issue but we must all work hard towards achieving that end. Every MNO citizen has the right and the opportunity to take part in the debate. I urge everyone to read the entire agreement and to take part in this historic development.
Tony Belcourt
June 28, 2019
Link to the Agreement:
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