I had hoped the accord would die a natural and well deserved death after its failure at the constitutional negotiating table in 1992.  The unfortunately innaccurate (See note at end of text) inclusion of this document in the RCAP final report resurrected the corpse of a shameful attempt to discredit and exclude literally thousands of legitimate Metis people in Canada from their rightful heritage. A variety of MNC spokespersons have mislead the Commission, the Canadian public and their own membership as to the nature and status of this document.

The MNC has presented this accord since 1992 as an agreement that would have achieved constitutional status had the Charlottetown Accord not been defeated in a general referendum.  That is simply not true.  There never was an agreement on the MNC accord -- even by the parties named in it. 

 I was personally advised (in my capacity at the time as an NCC negotiator at the officals level of the Charlottetown process) by delegates of two governments listed in the accord (Ontario and the Federal Government) that they could not sign the accord in its present (1992) form.  Since 1992, two of the organizations named in the agreement  -- the Ontario Metis Aboriginal Association, and  the Metis Nation of the Northwest Territories -- have disassociated themselves (or were expelled -- depending on who you talk to) from/by the the Metis National Council and, presumably,  from the accord as well.  A third organization named in the accord, the Pacific Metis Federation, no longer exists and, to my knowledge, has not been successfully replaced.

While I was putting this page together I noticed that the accord text in the RCAP report has signficant changes in wording from the  document in the workshop kit.  The differences are included in square brackets in the following text of the accord.  A search of my document collection indicates the RCAP text is derived from a document distributed 03/10/92.  My recollection of the time is that although this version was tabled, the changes  [square bracketed in the following text]  were not actually discussed in any detail at the conference table.
 

<--- The Provinces referrd to here are those which are being asked to sign the accord 

<--- This section lists the organization that are collectively defined in the accord as the Métis Nation.
 
 
 

And whereas historically the Métis have sought agreements with Canada to protect their land and other rights; 

And whereas the Métis Nation, Canada and the Provinces agree it is necessary and desirable to set out their respective roles and obligations to each other;

<--- This clause proposes a non-constitutional accord

1. Definitions 

For the purposes of the Métis Nation and this Accord,

a) "Metis" means an Aboriginal person who self-identifies as Metis, who is distinct from Indian and Inuit and: 

<--- It is not clear how this might affect those in the west who, historically, have had "dual" identity. 

e) "Direct Costs of Métis institutions established as a result of self-government agreements" means the start-up and operating costs of structures established to direct Métis self-government, including boards and legislative bodies, but excluding the operating costs of organizations intended to deliver programs. 

Canada and the Provinces will contribute resources to the Metis Nation to conduct an enumeration of the Metis Nation including the costs of adminstering and maintaining a Metis Nation controlled national registry.  This process, which will include a right of appeal, will be determined through multilateral negotiations among the parties to this accord.
 

The government of Canada, the Métis Nation and the Provinces agree to negotiate in good faith the implementation of the right of self-government, including issues of 

i) jurisdiction; and 
ii) economic fiscal arrangements, 
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The text above has been re-written entirely as follows.
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[(a) Without altering the obligations of the government of Canada and the Provinces under section 35.2 of the Constitution Act, 1982, thge Government of Canada, the representatives of the Metis Nation and the Provinces agree to negotiate in good faith the implementation of the right of self-government including the issues of 

i) jurisdiction; and 
ii) economic fiscal arrangements, 

with the objective of concluding ptripartite self-government agreements elaborating the relationship among the Metis Nation, Canada, and the Provinces.

(b) For the purposes of the Nothwest Territories, negotiations will be conducted through comprehensive land claims, treaty or self-government negotiations and will include both Metis and Indians as parties.

(c) Notwithstanding subsection b), subsection a) shall apply in the Northwest Territories

(i) in geographic areas where an Indian band proceeds to treaty land entitlement negotiations and where Metis in that geographic area are ineligible or decide not to be participants in said negotiations, and

(ii) One year following the effective date of this Accord, except for those parts of the Northwest Territories covered by comprehensive land claim,, treaty,  or self-goernment agreements that include both Meti and Indians as parties or where such negotiations re in progress.]

Within the context of self-government negotiations, 

i) Canada and the Provinces agree where appropriate to provide access to lands and resources to Métis and Métis self-governing institutions; 

<--- This must not prevent similar commitments to other Métis in Canada.

[Consistent with the above ] (It is acknowledged that Alberta has already entered into negotiations and has transferred the fee simple in 1.28 million acres of land to the Métis in Alberta and has committed to spending $310 million over 17 years, pursuant to the Alberta-Metis Settlements Accord.)

Canada and the Provinces agree to contribute adequate resources to enable representatives of the Métis Nation to participate in tripartite self-government negotiations. 
 

In self-government negotiations, Canada and the Provinces will negotiate the transfer to Métis institutions of the portion of Aboriginal programs and services currently available to Metis. 
 

Canada agrees to provide a substantial portion of the direct costs of Métis institutions established as a result of self-government agreements. The Provinces and Métis will provide the remaining portion of the costs.
 

Canada agrees to provide it's share of the net incremental program and delivery costs deriving from self-government agreements. The Provinces and Métis [Nation] will provide the remaining portion of the costs. 

1. It is understood that the Métis share will come from existing tax dollars paid to Canada and the Province by Metis. 

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The paragraph immediately above was deleted and replaced by the paragraph below. 
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[The Metis Nation share of the remaining portion of the cost will be determined in self-government negotiations taking into accoun the capacity of Metis governments to raise revenue from their own sources.]

Within the Context of Self-government Negotiations,

i) Canada and the Provinces agree to provide Métis institutions with transfer payments to enable them to establish and deliver programs and services to Metis.

ii) These transfer payments shall assist Métis institutions to establish similar types of programs and services as those enjoyed by other Aboriginal peoples.

i) Canada will not reduce funding or services to [the Aboriginal peoples of Canada] other Aboriginal peoples as a result of the signing of this Accord or [the coming into force of section 91A] an amendment to section 91(24) of the Constitution Act, 1867. 

ii) Canada and the Provinces will not reduce funding for services to Métis as a result of the signing of this Accord or  [the coming into force of section 91A] an amendment to section 91(24) of the Constitution Act, 1867.

Without derogating from the Métis Nation's right of representation on general matters, this Accord recognizes that the Alberta Métis Settlements General Council has the sole right to negotiate, conclude and implement inter-governmental agreements respecting the lands, members, and self-government of the Métis Settlements in Alberta. 

12. Gender Equity

The rights and benefits referred to in this Accord are guaranteed equally to male and female persons.
 

(i) Nothing in this Accord shall be construed so as to abrogate or derogate from any aboriginal, Treaty, or other rights or freedoms that pertain to the Aboriginal people[s - deleted ] of Canada.

(ii) Nothing in this Accord is intended to apply to any other Aboriginal people who are not within the ambit of this Accord. 
 

The Government of Canada shall recommend to Parliament and the Governments of the Provinces shall recommend to their Legislative Assemblies special legislation to bring this Agreement into force and effect to implement this Agreement. The Accord should be included as a schedule to the Federal and Provincial legislation. 

"The agreement between Canada; the provinces of British Columbia, Alberta, Saskatchewan, Manitoba and Ontario; and the Métis Nation in the terms set out in the schedule hereto shall be as binding on (Canada, the Province of ________) as if the provisions thereof had been set forth in the Act of this (Parliament, Legislature) and the (Governor in Council, Lieutenant-Governor in Council) is hereby authorized and required to carry out the provisions of the said agreement." 

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The paragraph immediately above was deleted and replaced by the paragraph below. 
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Upon a proclamation issued by the Governor General under the Great Seal of Canada  amendments to the constitution of Canada, which include an amendment to the Constitution Act 1982 recognizing the inhrent right of self-govenment of the Aboriginal peoples of Canada and the coming into force of section 91A of the Constitution Act, 1867, clarfying that all of the boriginal peoples of Canada shal recommend to the Governments of the Provinces shall recommend to their Legislative Assemblies that legislation or take such other steps as are necesssary to confirmhat this accord is approved is legally bdinding on Her Majesty and is both enforceable and justiciable.  the Accord shall be included as a schedule to theegislation.
 

[15. Applications of the Political Accord Relating to Aboiginal Conitutional Matters.

The provons of the Political Accord Relating to the Aboriginal consutional matters ad the proposed "Negotiations Processes Accord" shall apply to the Metis Nation.  Where tprovisions of the Metis Nation Accord are more specific  relate to matters not addresssed in the Political Accord Relating to Aboriginal nstitutional Matters and the proposed "Negotiation Processes Accord," the provisions of the Metis Nation Accord shall prevail.]

[16. Representation of the Metis Nation

(a) The Metis Nation is represented nationally by the Metis National Council.  Provincial and Territorial representation of the Metis Nation includes the Pacific Metis Federation, Metis Nation of Alberta, Metis Society of Saskatchewan, Manitoba Metis Federation, Ontario Metis Aboriginal Association and the Metis Nation-Northwest Territories, acting either collectively or in their individual capacity, as the context requires,  or their successor organizations, legislative bodies, or governments.

(b) The parties agree that:
(i) self-government agreements referred to in this Accord shall be negotiated only by duly mandated representatives of the Metis Nation directly concerned, including, for greater certainty, duly mandated repesentatives of Metis Nation communities.

(ii) the preferred means for resolving issues with respect to the representation of Metis for the purposes of participation in self government negotiations, is to use procedures internal to the Metis Nation and

 (iii) if requested by a group of Metis, the federal and Provincial governments concerned may participate in an informal, mutually agreed upon process with the Metis Nation to resolve a respresentation issue that is not resolved internally.
 

(To be determined following agreement in principle.) 

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The following paragraph  was also added and replaced the above sentence..
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This Accord shall be considered adopted by the Metis Nation upon the passage of a duly authorized motion by a special assembly of elected Metis representatives of the Metis Nation as defined herein.

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Norm Evans, President
Pacific Metis Federation

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Larry Desmeules, President
Metis Nation of Alberta

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Gary Bohnet, President
Metis Nation-Northwest Territories

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Ron Swain, President
Ontario Metis Aboriginal Association

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British Columbia

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Alberta

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Saskatchewan

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Manitoba

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Ontario

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Canada

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Northwest Territories

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"The MNC's participation in the constitutional negotiations resulted in agreement being reached in May 1992 on the outline of a pact known as the Metis Nation Accord.  It was part of a larger agreement, the Charlottetown Accord; like the larger accord, it was subject to ratification by the Canadian electorate in a referendum.

The Metis Nation Accord was described as follows in the Charlottetown Accord: ... "

The Commission was misled on three counts. 

1) It was agreed in May that such an accord could be tabled, but the text was rejected and sent back for redrafting which was subsequently also rejected. It was agreed in an August 28, 1992 Consensus Report that an accord (but not the precise wording of this accord) could be pursued following the Charlottetown agreement, but not one single government ever agreed to sign this  accord. 

2) The MNC accord was never part of the Charlottetown Accord and was never "subject" to ratification in the referendum.  If the referendum had succeeded the text of MNC accord would NOT have been constitutionalized.

3) The official document entitled "Draft Legal Text of the Charlottetown Accord" on October 9, 1992 does not even mention the MNC accord.  The only mention was in the previous Consesnus Report of August, 1992 which was NOT a part of the official Charlotettown Accord.  As I recall the situation, at the scrum following the announcement of the Charlottetown agreement, the Prime Minister did refer to the MNC accord as something which could be pursued later.