All My Relations -The Other Metis-
Part 5 - Conclusions - Endnotes - Appendices

Conclusions
 

This paper has covered a very broad range of time, place, and issues related to the concerns of the NCC and the Confederacy of Metis Peoples in Canada. As a result it is somewhat longer than originally intended, and even an executive summary of it is longer than might be expected. Any concluding statement must, by definition, extract the bare essence what is presented and proposed in the paper. This section is being written on the assumption that the paper itself has been read. It is not intended to stand on it own, but as a convenience to those who need a tightly focused description of the essential elements proposed in the paper.

If the paper has served its intended purpose, the foundation has been laid to make the following direct conclusions. The first group of conclusions addresses the current constitutional status of Metis, wherever they originated and wherever they now live in Canada.

1. There are many diverse and distinct Metis populations in Canada which both pre-date and post-date the Red River Metis populations.

2. The term "Metis," whatever its origins or historical application, was negotiated into the Constitution Act, 1992, to recognize these diverse and distinct populations as Aboriginal people within the meaning of Section 35.

3. The Aboriginal and Treaty rights recognized and confirmed in Section 35 of the Constitution Act, are applicable to any Metis population anywhere in Canada which can demonstrate a legitimate historic and/or current relationship to such rights.

The second group of conclusions addresses the difficulties Metis face in trying to assert their identity and/or their Aboriginal and Treaty Rights.

1. The confusion, both historic and current, over the use and application of the term "Metis" is a major impediment to the
access to Aboriginal and Treaty rights by the persons to whom the constitutional term "Metis" was intended to apply.

2. Federal and provincial governments have only addressed Metis concerns in the context of adversarial modes of conflict-management, rather than the accommodative modes of conflict resolution, resulting in a virtual impasse on the issues of Aboriginal and Treaty rights for Metis.

3. Within the Aboriginal community itself, there are deep seated misunderstandings which contribute to the
resistance Metis people experience when they try to access their Aboriginal and Treaty rights, or when they try to
benefit from government programs and services designed to serve the Aboriginal community.

4. There is a general lack of awareness on the part of all Canadians, including governments, bureaucrats, politicians,
and Aboriginal people of the nature of the Metis population in Canada and their "status" as Aboriginal people with Aboriginal and Treaty rights.

The third group of conclusions relates to the future of Metis peoples in Canada and how they might be successfully accommodated as Aboriginal people with Aboriginal and Treaty rights.

1. A national forum must be created in which all of the Metis peoples in Canada can begin to address the issues listed above.

2. The existing mechanisms and processes (i.e. constitutional reform, 91(24), comprehensive and specific claims, treaty, and self-government negotiations) must be revamped to ensure full access for Metis peoples.

3. A national education campaign must be implemented to enable the various Metis collectivities in Canada to identify themselves to other Canadians on a local, regional and national basis.

The final group of conclusion relates to how the Royal Commission can be helpful in assisting the Metis of Canada to achieve their aspirations as an Aboriginal people.

1. Highlight in the final report and recommendation of the Royal Commission that many Metis peoples exist in Canada.

2. In each of the areas listed above, recommend that special initiatives are required to achieve equity for Metis everywhere in Canada in terms of access to those Aboriginal and Treaty rights which pertain to them.

3. Call for a national meeting of representatives of Metis communities, including urban communities of interest,
from all across Canada to address these issues and propose resolutions to them.

Endnotes

Adminstrative History of Metis Claims, D. N. Sprague, University of Manitoba, 1994, Pg. 1 (RCAP)

A Memorandum of Understanding was signed between the Royal Commission and the Metis National Council to hold a National Roundtable on Metis issues. Unfortunately, were not invited to participate in this meeting. The Royal Commission agreed to a parallel consultation - the Metis Circle" which could be held to accommodate those Metis who are associated with the Congress of Aboriginal People (formerly the Native Council of Canada) and the Confederacy of Metis People.

From "One Nation" in the Northeast to "New Nation" in the Northwest: A look at the emergence of the métis, Olive Patricia Dickason, in The New Peoples, Being and Becoming Metis in North America, Jacqueline Peterson, Jennifer S.H. Brown, University of Manitoba Press, 1985, Pp 19-21.

"Our object is to continue until there is not a single Indian left in Canada that has not been absorbed into the body politic, and there is no Indian Question and no Indian Department. That is the whole object of this Bill." D.C. Scott to the Special Committee of the House of Commons, 1920, PAC RG10, vol. 6810, File #470-2-3, Vol. 7

Twenty Years of Disappointed Hopes, Georges Erasmus, in Drum Beat, Anger and Renewal in Indian Country, Summerhill Press, 1989, Pp. 11 and Trial Decision Reported at (1987), 48 Ma.R. (2d) 4, In the Court of Appeal of Manitoba Pg. 15

Riel and the Rebellion, 1885 Reconsidered, Thomas Flanagan, Western Producer Prairie Books, Saskatoon, 1983, Pg. 59-62

Linkages between the St. Lawrence, Sault St. Marie and Red River are readily traced. From the experience of my own family, I am aware of a direct connection between the Moore family of Moose Factory and the Gladman family of Red River. For two generations prior to 1850, Gladman men (my great-grandfather and his father) married different women named Mary Moore from Moose factory.

The One-and-a-Half Men, Murray Dobbin, New Star Books, Vancouver, 1981, Pp. 96-97

Metis Land Rights in Canada, Joseph Eliot Magnet, University of Ottawa, 1993, Pp. 14-23. It should be noted that he Manitoba Act and Dominion Land Act are the predominant basis for current claims of the prairie and Northwest Metis, but do not apply in other parts of Canada.

Broken Promises, The Aboriginal Constitutional Conferences, R.E. Gaffney, G.P. Gould, A.J. Semple, New Brunswick Association of Metis and Non-Status Indians, 1957, Pp. 66-68

The White Man's Indian, Robert F. Berkhofer, Jr., Vintage Books, New York, 1979, Pg. 3

Do the Metis Fall within Section 91(24) of the Constitution Act, 1867, and if so, What are the Ramifications in 1993, Bradford W. Morse and John Giokas, Ottawa, 1993 (RCAP) Pp. 31-44

The Metis: the People and the Term, John Foster, in Louis Riel & The Metis, Riel Mini-Conference Papers, A.S. Lussier, ed., Pemmican Publication, 1979, Pp.77-86

This is an image the author used often in public presentations and university lectures.

Ms. Rosalee Tizya, while serving as a Commissioner on the Constitutional Review Commission of the Native Council of Canada (NCC) offered this analogy.

This would include all Indians with any white ancestry, all self-declared Metis, and all non-Aboriginals with any Aboriginal ancestry, including the majority of Quebecois.

The list is not intended to be an "official" or exhaustive list. It has been collected by the author and is provided as a matter of interest. It is proposed in this paper that all of the people to whom these terms were applied, and their descendants, would qualify today as Metis under Section 35 of the Constitution Act.

The Metis: the People and the Term, John Foster, in Louis Riel & The Metis, Riel Mini-Conference Papers, A.S. Lussier, ed., Pemmican Publication, 1979, Pp. 83

A special thanks to Gary Gould, former president of the New Brunswick Association of Metis and Non-Status Indians for a faxed copy of the English map containing this reference.

The Genealogy of the First Metis Nation, D.N. Sprague and R.P. Frye, The Development and Dispersal of the Red River Settlement, 1820-1900, Pemmican Publications, 1983, Table 1, ID 1972

Report on the Exploration of Country Between Lake Superior and the Red River Settlement 1857-58, George Gladman et al, Toronto, 1858

"The term "native" distinguishing the half-breeds from the European and the Canadian element on the one hand and the Indian on the other, appears to be desired by many of the better class, who naturally look upon the epithet 'halfbreed' as applied to a race of Christian men scarcely appropriate." Narrative of the Canadian Red River and Assiniboine and
Saskatchewan Exploring Expeditions, Henry Youle Hind, Charles E. Tuttle Company, 1971, Pg. 179

We Are Metis, A Metis Perspective of the Evolution of an Indigenous Canadian People, Duke Redbird, York University, April 1978, Appendix ii.

La Metisse, Louis Riel, in The Collected Writings of Louis Riel, Vol. 4, Poetry, The University of Alberta Press, 1985, Pg. 88

Metis of the Northwest, An Important Paper by the Executed Rebel, Louis "David" Riel, in The Globe, Toronto, November 30, 1885

Northern Algonquians from Lake Superior and Hudson Bay to Manitoba in the Historic Period, Jennifer S.H. Brown, in Native Peoples, The Canadian Experience R. Bruce Morrison and C. Roderick Wilson, Eds., McClelland and Stewart, Toronto, 1986, Pp. 208-213

European Reflections in a Native Mirror, An Essay on the Real Identity of the Americas and on the Fabrication of the Canadian Identity, Jean Morisset, Department of Geography, University of Quebec at Montreal, 1980, Pg.42

Age and Sex, Aboriginal Data, Statistics Canada, March 1993, Table 1, Pg. 2

Originally designed by the author to describe Metis groups in the context of a claims research project undertaken by the Ontario Metis and Non-Status Indian Association, (OMNSIA) ,the list has proven its usefulness and accuracy in its later application at a national level.

As Assistant Director of Research for the Ontario Metis and Non-Status Indians Association of Ontario from 1978-80, the author was responsible, for designing research assignments, extracting and compiling the resulting data, and writing the final report of the project.

See note 31

Mind, Self and Society, George Herbert Mead, University of Chicago Press, 1934

Native Peoples and Canadian Society: A Profile of Issues and Trends, Victor F. Valentine, in Cultural Boundaries and the Cohesion of Canada, The Institute for Research on Public Policy, Montreal, 1980, Pg. 68

Statistics Canada has noted an upswing in identity as Metis as a result of the publicity related to the constitutional reform process between 1986 and 1991.

See note 38

The presentation was made by Rosalee Tizya, who was serving on the NCC Constitutional Review Commission as the British Columbia Commissioner, and the concept has been labeled by this writer as the Tizya paradigm.

Age and Sex, Aboriginal Data, Statistics Canada, March 1993, Pg. i

Canada's First Nations, A History of Founding Peoples from Earliest Times, Olive Patricia Dickason, McClelland & Stewart, Toronto, 1992 Pp. 167-168

The fact that an Indian woman could be enfranchised for "marrying out" to an unregistered and even full-blooded Indian is rarely reported or recorded so figures on how often that happened are not available.

The Role of the Metis in Ontario to 1850, R. J. Surtees, OMNSIA, 1979, Pp. 24-33

Government Obligations, Aboriginal Peoples and Section 91(24) of the Constitution Act, 1867, Bradford Morse, in Aboriginal Peoples and Government Responsibility, Exploring Federal and Provincial Roles, David C. Hawkes, Ed., Carleton University Press, 1989

The repetition of this pattern is accurately described in The Aboriginal Nationhood, The Northern Challenge, and the Construction of Canadian Unity, Jean Morisset, Queen's Quarterly, 1988, Pg. 245

The literature of the Labrador Metis Association reflects similar concerns.

"Your daughters will marry our sons, and we shall be one people. Champlain quoted in Canada's First Nations, A History of Founding Peoples from Earliest Times, Olive Patricia Dickason, McClelland & Stewart, Toronto, 1992 Pg. 167

"It was the failure of this assimilation (the Indians by the French) which spawned the Metis." The Metis and the Idea of Canada, Jean Morisset, Université du Québec à Montreal, 1983, Pg. 9

The process of founding metissage is described in The Imperial Quest of British North America, Jean Morisset, in As Long as the Sun Shines and the Water Flows, 19??, Pg. 284

Louisbourg and the Indians, A Study in Imperial Race Relations 1713- 1760, Olive Patricia Dickason, Department of Indian Affairs, 1976, Pg. 117

Prelude to Red River: A Social Portrait of the Great Lakes Metis, Jacqueline Peterson, in American Society for Ethnohistory, Chicago, October, 1977

Sault First Capital, Carolyn Harrington, in The Invisible Natives, Special Editions, Dimensions, Vol. 8, No. 3, OMNSIA June/July 1980, Pg 8-9

Friend and Foe, Aspects of French-Amerindian Cultural Contact in the Sixteenth and Seventeenth Centuries, Cornelius J. Jaenen, McClelland and Stewart, 1976 Pg. 108

A special thanks to Gary Gould, former President of the New Brunswick Association of Metis and Non-Status Indians, for a faxed copy that English map.

The Metis of the Maritimes Provinces, New Brunswick Association of Metis and Non-Status Indians Association, October, 1984, Pp. 4-5

Louisbourg and the Indians, A Study in Imperial Race Relations 1713-1760, Olive Patricia Dickason, Department of Indian Affairs, 1976, Pg. 118

Our Debt to the Red Man, The French-Canadian in the Development of the United States, Louise Seymour Houghton, The Stratford Company Publishers, Boston 1918, Pg. 11

European Reflections in a Native Mirror, An Essay on the Real Identity of the Americas and on the Fabrication of the Canadian Identity, Jean Morisset, Department of Geography, University of Quebec at Montreal, 1980, Pg.42

The Metis and the Idea of Canada, Jean Morisset, Vol. 3 No. 1, Department of Geography, Université du Québec à Montréal, 1983, Pg. 6

Strange Empire, Louis Riel and the Metis People, Howard, Joseph., James Lewis and Samuel, Toronto: 1974, Pg. 39

Charles de Langlade, 'Riel of the Lakes' in The Invisible Natives, Special Editions, Dimensions, Vol. 8, No. 3, OMNSIA June/July 1980, Pg 19

Our Debt to the Red Man, The French-Canadian in the Development of the United States, Louise Seymour Houghton, The Stratford Company Publishers, Boston 1918, Pp. 60-65

Halfbreed, Squaw and Other Categories, Some Semantic Shifts and Their Implications in the Northwest Fur Trade, 1800-1850, Jennifer S.H. Brown, Tulane University, 197?, Pg. 3

Historical Survey of the Relationship Between Half Breeds and the Wars which were Part of the Social Milieu of Eastern North America, Carolyn Harrington, in Summary Field Report for the Ontario Metis and Non-Status Indian Association, 1979, Pg. 29

Ibid. Pp. 20-53 In standard history text the fact is rarely noted that these men were fighting, not for England or France, but for themselves and what they considered to be their homeland.

The Development of a Halfbreed Community in the Upper Great Lakes, Carolyn Harrington, OMNSIA Report, 1979, Pg. 36

Joseph Brant and several signees of the Robinson TreatiesPeter Jones and Charles Langlade

Metis Middlemen Heart of Frontier Community, Staff, in The Invisible Natives, Special Editions, Dimensions, Vol. 8, No. 3, OMNSIA June/July 1980, Pg. 22

Indian Women and the Law in Canada: Citizens Minus, Kathleen Jamieson, Ottawa, 1978, Pg.19.

Indians in the Upper Country Through 1845, with Special Reference to Half Breed Indians: The Circle Being Threatened, D. Whiteside and S. Whiteside, OMNSIA, 1978, Pp. 4-5

A History of the British Indian Department in North America, 1755-1830, Ottawa, 1971, Pp. 2-3.

The Development of a Halfbreed Community in the Upper Great Lakes, Carolyn Harrington, OMNSIA Report, 1979, Pg. 23, 62

Our Debt to the Red Man, The French-Canadian in the Development of the United States, Louise Seymour Houghton, The Stratford Company Publishers, Boston 1918, Chapters 4, 6, 10 and 11.

Cuthbert Grant of Grantown, M. McLeod, W.L. Morton, McClelland and Stewart Ltd., Toronto, 1974, Pg.20

Halfbreed, Squaw and Other Categories, Some Semantic Shifts and Their Implications in the Northwest Fur Trade, 1800-1850, Jennifer S.H. Brown, Tulane University, 197?, Pg. 8-9

Company lands were set aside for retired personnel and dismissed employees were no longer eligible.

The History of the Legal Status of the Canadian Indian to 1867, R.N. Komar, University of Toronto, 1971, Pg. 129-136

Life and Journals Kah-Ke-wa-quo-na-by: Rev. Peter Jones, Peter Jones, Weslayan Missionary, Toronto, 1860, Pp. 104-106

The Aborignies Protection Society was a nominally pro-Native, non- Aboriginal organization that was used by colonial authorities to attack the Hudson's Bay Company. See Montreal Gazette, July 6, 1849; Chatham Chronicle, September 14, 1849.

Indians in Upper Canada from 1846 Through 1885, with Special Reference to Half Breed Indians and the Development of Political Associations: The Circle Is Broken, D. Whiteside and S. Whiteside, OMNSIA, 1978, Pg. 11

Royal Commissioners Report, 1845, Report on the Affairs of the Indians in Canada Laid Before the Legislative Assembly, 20th March, 1845, Sec. III

Indians in Upper Canada from 1846 Through 1885, with Special Reference to Half Breed Indians and the Development of Political Associations: The Circle Is Broken, D. Whiteside and S. Whiteside, OMNSIA, 1978, Pg. 4-9

See Montreal Gazette, July 6 & 7, 1849

See Montreal Gazette, November 23, and December 7, 1849

The first time was the Battle of Seven Oaks in 1816 when Cuthbert Grant won a decisive victory over the Selkirk colonists.

The Red River Settlement. Alexander Ross, London, 1856, Pg. 35

The phrasing began with Indians who were "interested in such lands" in 1850 and was transformed into "and lands reserved for Indians." in 1867.

By linking the phrases to a legal definition of Indian, legislators excluded those Indians who had no interest in land or who did not have lands reserved for them.

The French version of the Treaty reads "Metis" and the English version reads "Halfbreed." Since the Aboriginal participants were French speaking, it is reasonable to assume the original document was French.

The Macmillan Dictionary of Canadian Biography, Fourth Edition, Macmillan Company of Canada, Toronto, s1978 Pg. 757

The Metis: Canada's Forgotten People, D. Bruce Sealey, Antoine S. Lussier,

Manitoba Metis Federation Press, Winnipeg, 1975, Pp. 36-37

Metis Land Rights in Canada, Louise Mandell, Vancouver, 1993, Pg. 23 (RCAP)

See Cuthbert Grant of Grantown, M. McLeod, W.L. Morton, McClelland and Stewart Ltd., Toronto, 1974, for a description of the developments on White Horse Plains.

We Are Metis, A Metis Perspective of the Evolution of an Indigenous Canadian People, Duke Redbird, York University, April 1978, Pg. 28

See Historic Major Population Belts of Metis and Non-Status Indians, in The Invisible Natives, Special Editions, Dimensions, Vol. 8, No. 3, OMNSIA

June/July 1980, Pp. 16-17, also

See Map 1- Great Lakes métis settlements in The New Peoples, Being and Becoming Metis in North America, Jacqueline Peterson, Jennifer S.H. Brown, University of Manitoba Press, 1985, Pg. 44

See "Our Debt to the Red Man, The French-Canadian in the Development of the United States, Louise Seymour Houghton, The Stratford Company Publishers, Boston 1918, for detail on Metis colonial communities in the
American Northwest.

See The Dispossessed Metis of Montana, also see American Attitudes Towards the Metis Communities in the Old Northwest, both in The New Peoples, Being and Becoming Metis in North America, Jacqueline Peterson, Jennifer S.H. Brown, University of Manitoba Press, 1985

Our Debt to the Red Man, The French-Canadian in the Development of the United States, Louise Seymour Houghton, The Stratford Company Publishers, Boston, 1918

The Red and White Republic of Fredonia, Chapter 9, White Savage, The Case of John Dunn Hunter, Richard Drinnon, Shocken Books, New York, 1972, Pp. 201-229.

Caesars of the Wilderness, Peter C. Newman, Company of Adventurers, Vol. II, Penguin Books Canada, Ltd., 1987, Pg 332

See Do the Metis Fall within Section 91(24) of the Constitution Act, 1867, and if so, What are the Ramifications in 1993, Bradford W. Morse and John Giokas, Ottawa, 1993 (RCAP) Pp. 31-44, and also See The Metis and 91(24): Is Inclusion the Issue?, Don McMahom and Fred Martin, November 1993 (RCAP)

Statutes of Canada, Canadian Parliament, 13-14 Vict. cap 42, Pg. 1247

Most of the population of Quebec at this time was probably mixed blood, but the advantages of identifying as French (i.e. White) far outweighed that of identifying as Metis.

Statutes of Canada, Canadian Parliament, 14-15 cap 59, August 30, 1851

Statutes of Canada, Canadian Parliament, 20 Victoria, cap 26, June 10, 1857, Pg. 84

The Creation of a Non-Status Indian Population by Federal Government Policies and Administration, Native Council of Canada, 1978, Pp. 19-20

Ibid Pp. 22-23

"Indian persons of Indian blood or inter-married with Indians, who shall be acknowledged as members of Indian tribes or bands residing upon lands which have never been surrendered to the Crown (or which having been set apart, or are then reserved for the use of any tribe or band of Indian in common.)"

Statutes of Canada, 1860, 23 Vict. cap 2, An Act Respecting the Sale and Management of the Public Lands.

Statutes of Canada, 1860, 23 Vict. cap 151, An Act Respecting the Management of Indian Lands and Property.

Strange Empire, Louis Riel and the Metis People, Howard, Joseph., James Lewis and Samuel, Toronto: 1974, Pg. 67-70

The Metis and the Idea of Canada, Jean Morisset, Université du Québec à Montreal, 1983, Pg. 9-12

The Metis People of Rupert's Land, The Manitoba Act, and the Constitutional Proposal of 1980, D.N. Sprague, University of Manitoba, 198?, also A Preliminary Report Based on Archival Research into the Substance of the Agreement Between the Dominion Government and the Red River Metis During, and Following, the Entry of Manitoba into Confederation: 1870-1885, Robert K. Groves, Metis Association of the Northwest Territories, 1978, see also

Metis Land Rights in Canada, Louise Mandell, Vancouver, 1993 (RCAP) also Administrative History of Metis Claims, D.N. Sprague, University of Manitoba, 1993 (RCAP), also Metis Land Rights in Canada - Legal and Historical Issues, Joseph Eliot Magnet, Ottawa, 1993, (RCAP)

Ibid Note 110

Letter between The Department of the Interior and Dominion Land Board Re: Albany House Dispute, 1894, PAC. RG15, vol. 696. File #341110 & PAC. RG 15, vol. 696. File #342003.

Letter from Provincial Treasurer Matheson to Pedley, April 2, 1906, PAC. RG 10, vol. 3093 File #289,300

Privy Council Resolution, April 10, 1967, Chronological No. 3/1967-68 H.Q. Reference 485/30-08, Department of Citizenship and Immigration, Indian Affairs Branch.

No documentation has been located which establishes that the Halfbreed Adhesion was in fact ratified by Orders-In-Council, but neither is there official legislation requiring that Halfbreeds should be treated as Indians.

Statutes of Canada 1868, Parliament of Canada 31 Vict. cap. 42, May 22, 1868

Statutes of Canada 1868, Parliament of Canada, 31 Vict. cap. 42, sec. 15 ans 32-33 Vict. cap. 6 sec. 6, 1868

Strange Empire, Louis Riel and the Metis People, Howard, Joseph., James Lewis and Samuel, Toronto: 1974, Pp. 111-116

Report of Superintendencies 1876, J.A.N. Provencher, PAC RG10 Red vol. 1978, File#5948

Statutes of Canada, 42 Vict. cap.34, May 15, 1879, also 43 Vict. cap. 28

Statutes of Canada, 47 Vict. cap.27, April 19, 1884

Settlement of Metis Claims in Treaty 1-11 Area, E. Snider, Treaties and

Historical Research Centre, Pg. 9

Statutes of Canada 1888,,43 Vict. cap.22 sec.13

Letter from R. Sinclair to M. Burgess, Deputy Minister of Interior, August 31, 1885 PAC RG10 vol. 4515 Letter Book, Pp. 722-729

Settlement of Metis Claims in Treaty 1-11 Area, E. Snider, Treaties and Historical Research Centre, Pg. 9-2

Exchequer Court, Dominion vs Ontario, June 13, 1903. PAC RG 10 vol.2313 File #265758

Cases and Materials on Native Rights, B.W. Morse, Ed., University of Ottawa, Faculty of Law, 1978 pp. 14-15

Report by Mr. Borron on the Northwest Angle Treaty 3, as Affecting the Rights and Interests of the Province of Ontario, October 9, 1891, OPA,

Irving Papers 30/36/6 March 25, 1893

Statutes of Canada, 1891, 54 Vict, cap. 5) An Act for the settlement of certain questions between the Governments of Canada and Ontario respecting Indian lands. May 4, 1891

Statements and answers from the Exchequer Court of Canada, Irving Papers 30/36/17 MY1468, October 1903, OPA, Pg. 11

Borron Report, Irving Papers, 30/36/6(1) October 9, 1891 OPA

Ibid.

Supplementary Report on the Right of Halfbreeds to participate in the benefits of the Robinson Treaties, E.B. Borron, Toronto October 1894, Irving Papers, OPA

Privy Council Decision re Treaty Three Annuities RG 10 Vol. 2314, PAC

Native Peoples and Canadian Society: A Profile of Issues and Trends, Victor F. Valentine, in Cultural Boundaries and the Cohesion of Canada, The Institute for Research on Public Policy, Montreal, 1980, Pp. 95-101

See One Heart - Many Voices, Canada's National Native Organizations,  Martin Dunn, Perception, Fall/Winter 1992 Volumes 15-4/16-1, Pp. 24-26

The Unjust Society, The Tragedy of Canada's Indians, Harold Cardinal, M.G. Hurtig Publishers, Edmonton, 1969, Pp.96-106

Ibid., Pp. 109-111

Omnsia's Founder Paddy McGuire Outlines History, Staff, in Special Status, Pathway to a Native Future, Special Editions of Dimensions, Vol.8, No. 4, 1980, Pg. 4

See RCAP papers on Metis and Section 91(14) for details on court decisions.

This list describes most, and possibly all, of the characteristic situations a "Native" person might experience in 1982. It does not imply that all of those people were members of NCC, but that they fell within a "constituency" that was NCC was mandated by its own constitution, to represent.

Letter from the Minister of Justice, Jean Chretien to NCC President Harry Daniels, April 24, 1981

At the time, lacking accurate figures, the rule-of-thumb estimate used by Aboriginal organizations for Metis and Non-Status Indian people was three-to-one. Census figures for 1991 indicate that figure is fairly accurate in terms of a self-identifying population.

Even today the narrow interpretation of "Aboriginal title" as a "usufruct" would deny Aboriginal ownership to land.

A Declaration of Metis and Indian Rights, Native Council of Canada, Ottawa, 1979

The Board of Directors at the time had agreed that one FMC seat assigned to the NCC would be occupied by Metis, and the Other by Indian spokespersons.

The need to research this material in contained in a proposal and budget submission to the Native Council of Canada from NBAMNSI in January 1985.

Estimates of the mixed-blood population in Quebec today varies from 60% to 85% of the French-Canadian population.

European Reflections in a Native Mirror, An Essay on the Real Identity of the Americas and on the Fabrication of the Canadian Identity, Jean Morisset, Department of Geography, University of Quebec at Montreal, 1980, Pg.27-28

Ibid., Pg.44

Moratorium, The Metis People of the Province of Quebec, Tabled at the Consultation Forum of the Native Alliance of Quebec on the Charlottetown, Campbell's Bay, October 1992

Les grands oubliés de la bataaille des droits: les Indiens hors-réserves et le Metis, Association des Metis et Indiens Hors-Réserves du Québec Inc., May 25, 1993, RCAP IPP Submission Summary, Pg. 2

Burleigh Falls Research Project, Debra Lawson, Native Council of Canada,1977, Pg. 1

Born and Brought Up in the Country, The Metis of Treaty No. 9, John. S. Long, OMNSIA, 1977 Pp. 2-3

Ibid., Pg. 25

The One-and-a-Half Men, Murray Dobbin, New Star Books, Vancouver, 1981, Pg. 118

Metisism, A Canadian Identity, Alberta Federation of Metis Settlement Associations, June 30, 1982, Pp. 57-63

Do the Metis Fall within Section 91(24) of the Constitution Act, 1867, and if so, What are the Ramifications in 1993, Bradford W. Morse and John Giokas, Ottawa, 1993 (RCAP) Pg. 12 also The Metis and 91(24): Is Inclusion the Issue?, Don McMahom and Fred Martin, November 1993 (RCAP) Pp. 11-12

The Mocassin Telegraph, Thomas T. Lalonde, in The New Rebellion, Vol. 1 No. 1, Vancouver, 1992, Pg. 2

Land Claim Planned to Put Right a Century of Neglect, Kim Bolan, Vancouver Sun, April 24, 1993

The Mocassin Telegraph, Thomas T. Lalalonde, in The New Rebellion, Vol. 1 No. 2, Vancouver, 1992, Pg. 2

The Chrétien letter to Harry Daniels referred to earlier

The Metis and Non-Status Indian Population Numbers and Characteristics, Chris Taylor, Citizens Directorate, Secretary of State, March, 1979, Pg. 2

Population, Ethnic Origin, 1981 Census of Canada, Table 1

A Profile of the Aboriginal Population Residing Off Reserve Areas, 1986 Census Vol. 2, Table 1

Aboriginal Data, Age and Sex, Statistics Canada, 1993, Table 5, Pg. 18

Aboriginal Data, Age and Sex, Statistics Canada, 1993, Table 4, Pg. 16

Aboriginal Data, Age and Sex, Statistics Canada, 1993, Pg. i

A Profile of the Aboriginal Population Residing Off Reserve Areas, 1986 Census Vol. 2, Table 1

During the OMNSIA Land Claims project it was not possible to get Metis potential claimants to publicly identify themselves as Metis, though they freely expressed that fact to the researcher.

We Are Metis, A Metis Perspective of the Evolution of an Indigenous Canadian People, Duke Redbird, York University, April 1978, Pp.4-5

The Rebirth of Canada's Indians, Harold Cardinal, Hurtig Publishers, Edmonton, 1977, Pg. 111

Written Presentation for those Matters Referred to in the MOU between the NCC and NBAMNSI, October, 1984, Pg. 10

Ibid. Pg. 12-13

The Seigniorial System in Early Canada, A Geographical Study, University of Wisconsin Press, Madison, Wisconsin, 1968, Pg. 115

The Clause Family, Colonial Politics and Early Management of Indian Affairs in Upper Canada, OMSIA, 1979

The Development of a Halfbreed Community in the Upper Great Lakes, Carolyn Harrington, OMNSIA Report, 1979, Pg. 27-32

Ibid., Pg. 20-53

Metis Middlemen Heart of Frontier Community, Staff, in The Invisible Natives, Special Editions, Dimensions, Vol. 8, No. 3, OMNSIA June/July 1980, Pg. 22-23

In a conversation with Professor Jean Morisset about 10 years ago, he suggested it was possible to view the Proclamation as dividing North America into three large reserves. The colonies on the east coast and St. Lawrence could be conceived as a white reserve, Quebec could be thought of as a Halfbreed or Metis reserve, and the rest of country covered by the Proclamation as an Indian reserve.

Native Rights in Canada, P. Cumming and N. Mickenberg, Indian-Eskimo Association of Canada, Toronto, 1972, Pp. 28-29 and Appendix 2

Ibid. Pg. 291

The History of the Legal Status of the Canadian Indian to 1867, R.N. Komar, University of Toronto, 1971, Pg. 75

The Development of a Halfbreed Community in the Upper Great Lakes, Carolyn Harrington, OMNSIA Report, 1979, Pp. 73-74

The Treaties of Canada with the Indians, The Robinson Treaty, Alexander Morris, Chap. 2, Pg. 20

Native Rights in Canada, P. Cumming and N. Mickenberg, Indian-Eskimo Association of Canada, Toronto, 1972, Pp. 28-29

Our Debt to the Red Man, The French-Canadian in the Development of the United States, Louise Seymour Houghton, The Stratford Company Publishers, Boston 1918, Pp.141-142

The Treaties of Canada with the Indians, The Robinson Treaty, Alexander Morris, Chap. 2, Pg. 20-21

Borron Report on Indian Claims Arising out of the North West Angle Treaty No. 3, E.B. Borron, Irving Papers, 30/36/6 (2), 1893, OPA

Letter to Minister of Interior from Col. J.S. Dennis, PAC RG 10, vol. 1918, Red Series File #2790 part C

Native Rights in Canada, P. Cumming and N. Mickenberg, Indian-Eskimo Association of Canada, Toronto, 1972, Pg. 319, Appendix 4

Letter from Chatelaine to J.S. Dennis, August 10, 1876 PAC RG 10 vol. 3558

Letter from Manintoohenesse to Col. Provencher, PAC #23488, Doc 17 of NCC Summer Student Land Claims Research Report.

The Creation of a "Non-Status" Indian Population by Federal Government Policies and Administration, Linda Rayner, NCC, 1978, Pp. 38-39

The Development of a Halfbreed Community in the Upper Great Lakes, Carolyn Harrington, OMNSIA Report, 1979

Prelude to Red River: A Social Portrait of the Great Lakes Metis, Jacqueline Peterson, in American Society for Ethnohistory, Chicago, October, 1977

During the OMNSIA research process one individual was interviewed who reported the following labels had been applied to him over his lifetime: 1- Registered Indian; 2-Treaty Indian; 3-Halfbreed; 4-non-citizen; 5- Canadian citizen; 6-non-treaty Indian; 7- white person; 8-Native person; 9-non-status Indian; 10-Metis. It is likely if that person were contacted today he would be able to add several Bill C-31 categories to his list.

If non-status Indians or Metis exercise their Aboriginal rights to fish or hunt, they are treated, and often charged and tried as criminals.

Twenty Years of Disappointed Hopes, Georges Erasmus, in Drum Beat, Anger and Renewal in Indian Country, Summerhill Press, 1989, Pp. 8-28

Calder et al vs. The Attorney-General for British Columbia, 1973 34 D.L.R. (3d) 145(S.C.C.

"Indian people" has been interpreted, for the most part, to mean registered Indians.

Federal Native Claims Policy, Office of Native Claims, Canadian Indian Rights Commission, August 1979

Native Policy, A Review with Recommendations, Federal document, May 27, 1976, Pg. 1

Ibid., Pp. 5-6

Ibid., Pg. 7

Federal Native Claims Policy, Office of Native Claims, Canadian Indian Rights Commission, August 1979, Pg. 2

Approaches to Land Claims Where Superseded by Law, Union of Ontario Indians, June 1979.

Update of Land Claims, LMA brochure, 1992.

Final Report of the Department of Research for Aboriginal Title of the Ontario Metis and Non-Status Indian Association to the Joint Working Group of the Joint Sub-Committee on Claims Research of the Joint Cabinet-NCC Committee, April 18, 1980, Pg. 1

"It is difficult to draw a line of demarcation between those who class themselves as Indians and those who elect to be treated as Halfbreeds. Both dress alike and follow the same mode of life. It struck me that one group was, on the whole, as well able to provide for self support as the other" Treaty No. 10 and Reports of Commissioners, Queen's Printer, Ottawa, 1966

The Creation of a "Non-Status" Indian Population by Federal Government Policies and Administration, Linda Rayner, NCC, 1978

Metis Adhesion to Treaty 3, A Field Report. Wendy Moss, OMNSIA, 1979

The Metis of the Maritimes Provinces, New Brunswick Association of Metis and Non-Status Indians Association, October, 1984

Through the MacKenzie Basin: A Narrative of the Athabaska and Peace River Treaty Expedition of 1899, Charles Mair, William Briggs Publisher, 1908

Burleigh Falls Research Project, Debra Lawson, Native Council of Canada,1977

Trial Decision Reported at (1987), 48 Ma.R. (2d) 4, In the Court of Appeal of Manitoba Pg. 15

See Do the Metis Fall within Section 91(24) of the Constitution Act, 1867, and if so, What are the Ramifications in 1993, Bradford W. Morse and John Giokas, Ottawa, 1993 (RCAP) Pp. 68-83

Compare papers tabled at FMC meetings by each group

Broken Promises, The Aboriginal Constitutional Conferences, R.E. Gaffney, G.P. Gould, A.J. Semple, New Brunswick Association of Metis and Non-Status Indians, 1957, Pp. 59-60

Ibid., Pp. 64-74

Transcript of First Ministers Conference on Aboriginal Matters, 1985, Pg. 265

See Aboriginal Peoples and Constitutional Reform, Institute of Intergovernmental Relations, Queen's University, Kingston, Ontario, 1984- 87 which produced many booklets and papers, as well as two conferences, on various aspects of Aboriginal constitutional reform, and especially related to Aboriginal self-government issues.

Background Notes on Historical Metis Land Rights, Metis National Council, Toronto, March 25, 1992, Continuing Committee on the Constitution (Group III) Document: 840-610/006

Access to Survival: A Perspective on Aboriginal Self-Government for the Constituency of the Native Council of Canada, Martin Dunn, National Co- ordinator, NCC Constitutional Secretariat, Institute of Intergovernmental Relations, Queen's University, Kingston, 1986

The First Peoples Urban Circle, Books I-X, The Native Council of Canada, Ottawa, 1993.

Although on-reserve voting on the Accord was tabulated and found to be negative, the off-reserve and Metis vote was not tabulated. A private poll of NCC constituents conducted by Optima Research indicated a slim majority in favour of the Accord.

Draft Legal Text, Charlottetown Accord, October 9, 1992, Pg. 14

Ibid. Pg. 37

Ibid., Pg. 42

Ibid., Pg. 39

Letter to Beaudoin-Dobbie Joint Committee re Section 91(24), Metis National Council, Toronto, March 25, 1992, Document: 840-610/005

"Nothing in the Accord is intended to apply to or define any other Aboriginal peoples, including other Metis, who are not within the ambit of this Accord." Letter from Ron George, NCC President to The Hon. Joe Clark, Minister of Constitutional Affairs, October 9, 1992.

In fact, exploratory processes are now underway between the MNC and the Federal government in relation to enumeration. Metis in other parts of Canada have not been invited.

The New Peoples, Being and Becoming Metis in North America, Jacqueline Peterson, Jennifer S.H. Brown, University of Manitoba Press, 1985, Pp. 5- 15

European Reflections in a Native Mirror, An Essay on the Real Identity of the Americas and on the Fabrication of the Canadian Identity, Jean Morisset, Department of Geography, University of Quebec at Montreal, 1980, Pg.4, 10-11, 17-19

Native Peoples and Canadian Society: A Profile of Issues and Trends, Victor F. Valentine, in Cultural Boundaries and the Cohesion of Canada, The Institute for Research on Public Policy, Montreal, 1980, Pg. 121

The Rebirth of Canada's Indians, Harold Cardinal, Hurtig Publishers, Edmonton, 1977, Pp. 9-12

Native Peoples and Canadian Society: A Profile of Issues and Trends, Victor F. Valentine, in Cultural Boundaries and the Cohesion of Canada, The Institute for Research on Public Policy, Montreal, 1980, Pg. 16

Ibid., Pp. 71-74

Ibid. Pp. 103-121

The First Peoples Urban Circle, Book 1 Choices for Self Determination, The Native Council of Canada, Ottawa, 1993, Pg. 40.

The Rebirth of Canada's Indians, Harold Cardinal, Hurtig Publishers, Edmonton, 1977, Pg. 111

The issue crops up frequently in the urban studies project recently undertaken by the NCC for RCAP, but is not specifically analyzed in the context of the project.

The Creation of a Non-Status Indian Population in Alberta: The Interchangability of Status of Metis and Indians and Its effects of Future Metis Claims, Patricia Sawchuck, NCC, 1977, Pp. 110-11

The response categories were 1) Metis Only; 2) Metis/Indian; 3) Metis/Inuit; 4) Metis/Indian/Inuit; 5) Metis/Non-Aboriginal; 6) Metis/Indian/Non- Aboriginal 7) Metis/Inuit/Non-Aboriginal

Census 1991 shows 379,470 persons identified as Indian/Non-Aboriginal

Draft Legal Text, Charlottetown Accord, October 9, 1992, Pp. 2, 3, 14, 24, 28, 29, 34-43

Without specifically naming the Charlottetown Accord, the new bilateral political accord addresses most of the elements of the Charlottetown agreement in the context of a consultation process and priority agenda.

The First Peoples Urban Circle, Book I, Choices for Self-Determination, The Native Council of Canada, Ottawa, 1993, Pg. 43

Ibid., Pg. 43

It is interesting to note that Ms. Brown was so nervous, she had a friend read her statement to the assembly, and yet she is willing to face public prosecution to defend her rights.

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