Metis Constitutional Positions

The purpose of this page is to summarize the more detailed article that follows on how Métis have been represented in the constitutional reform process since 1983.
Leaders of the prairie Métis organizations separated from the NCC in 1983 over concerns that the NCC's emphasis on Section 91(24) and on Treaty rights might compromise Métis aspirations at the FMC table. Both the NCC and the MNC represent Métis in the constitutional reform process. 

Although both organizations have parallel goals in terms of Métis Aboriginal and Treaty rights, each has chosen a different way of achieving those goals. The NCC has proposed a strictly constitutional approach, including an amendment to Section 91(24), and amendments related to Equity of Access to Aboriginal rights in Section 35, to any proposed Treaty renovation process, and to the process of negotiating self-government agreements for all Aboriginal peoples --including Metis. 

The MNC has proposed an amendment to section 91(24) which refers exclusively to Metis. They are also pursuing a non-constitutional political accord. The accord would be signed by MNC affiliates (in Manitoba, Saskatchewan, 
 
 

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 Alberta, Northwestern Ontario and Northeastern British Columbia) and associates (Ontario and the Northwest Territories), who are called the Métis Nation in the Accord, with the governments in each of those provinces and territories. 

The accord defines Métis in terms of Federal legislation relating to the prairie Metis, (Scrip and the Dominion Lands Act), or subject to approval by the organizations listed in the Accord. It also provides for a range of negotiations related to programs, services and the negotiation of self-government agreements. 

The accord has not yet been signed and that several of the provinces concerned have expressed a reluctance to sign the Accord in its present form. 

The NCC has insisted on non- derogation clauses in the accord which makes it clear the definition of Métis in the accord applies only to the signing organizations and that nothing in the accord -- including the definition of Metis -- shall affect the Aboriginal and Treaty rights 
 


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. 		 of Métis who are not members of those organizations. 

It is uncertain, however, how governments in the future might use or misue the distinction the accord might create. There is a very real danger that the accord, if it is signed, and a proposed enumeration takes place, could create a kind of non-Status Métis as far as the groups who are signing the accord are concerned. 

In summary, it can be said the Métis of Canada have made significant gains in the constitution reform process. The NCC has achieved the goals of its Métis position in terms of constitutional entrenchment of Equity of Access to Section 35 rights, to Treaty renewal, and to self-government agreement negotiations, and to the amendment of Section 91(24) to include all Aboriginal peoples. 

The MNC is pressing for a non-constitutional accord which they expect will serve the interests of the Métis they represent. As a result, the Métis of Canada are in a better position than they were in 1987
 


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