| The"Legal" Status of Métis Organizations There are two kinds of current Métisorganizations -- those which are formally incorporated, and those whichare not. Both are certainly legitimate from the point of view ofcreating a potentially viable forum or format in which Métis individualscan interact and develop an agenda for co-operative action. Quiteoften an organization will begin, and even successfully operate for severalyears, as an unincorporated body. Just as often, such an organizationwill eventually incorporate as a non-profit society or charitable organizationin order to be eligible for government and institutional funding, or tax-refundabledonations. The criteria for incorporation and the related fees thatmust be paid to incorporate vary from province to province and territory. A modern unincorporated organization,by definition, has no official legal standing beyond whatever reputationthey might earn in their respective communities, and that has both advantagesand disadvantages as we will see later. Those Métis organizationsthat are incorporated have the same official and legal standing as theKiwanis Club or the Knights of Columbus in that their "legal" standingfalls under the federal, provincial, or territorial legislation under whichthey have been incorporated. But even those Métis organizationsthat are incorporated DO NOT HAVE THE SAME KIND OF LEGAL STANDING as anIndian Band Council created via federal legislation under the Indian Actand subject to the federal fiduciary responsibility of Section 91(24) ofthe Constitution Act, 1982. That certainly may not be fair ? butit is a fact, whatever pretensions any given Métis organizationmight make to the contrary. By making that statement, I do not meanto imply that Métis organizations are not significant and important. On the contrary, the old line Métis organizations formed in the1970s have played a critical and essential role in the assertion of Métisculture and identity in Canada over that last several decades. Ihope with all my heart that they and the new Métis organizationsthat seem to be developing everywhere today will do as well as they furthermature. What I am trying to make clear is that Métis organizationsare NOT the source of Métis culture, nor are they the holder ofwhatever Aboriginal rights and benefits that may apply to historic andcurrent Métis communities across the country. More specifically,they are certainly NOT the legitimate arbiters of who is and who is notMétis anywhere in North America. That then begs the questions: What areMétis organizations good for, and why should anyone want to jointhem? WhyJoin a Métis Organization? I am often amazed at the idea some peoplehave that you are not Métis unless you are a member of some Métisorganization. From my point of view being Métis is a resultof ancestry, of heritage, of indigenous point of view, of identity, andof personal commitment. Organizations, although they may augmentor support some of these factors, do not create and cannot legitimatelybestow any of them on their membership. Of course Métis organizations(sometimes in spite of themselves) do have valid functions. Theyprovide a focal point for joint activity or lobbying in the contextof common cultural and/or political and economic goals. They providethe possibility for fellowship and the sharing of experiences. Thebest of them certainly can provide affirmation and confirmation of Métisidentity and experience. Unfortunately the actual activity ofsome Métis organization is only vaguely related to these basic functions. Some are seriously destructive and actually divide the broad Métiscommunity by adopting restrictive and self-serving definitions of membershipand then applying those restrictions as if they are the only criteria foractually being Métis. They have the outrageous attitude that"if we (the organization) don’t accept you then you are not Métis." Others, under the pretext of serving a broad Métis constituencyon a democratic basis, are actually functional "cliqueocraqcies" whoseexecutives are re-elected, some times for decades, to serve only the interestsof a small "in" group. How this sad situation developed andwhy some of the destructive organizations continue to exist, pose seriousquestions about the future of Métis organizations. As Métis,we also need to know what positive goals Métis organizations haverealized and what future goals they might serve. To begin to answer thosequestions -- and the answers are not all as obvious as you might think-- we should outline something of the history of Métis organizations. |