Defining the 'Métis' of Canada: A Principled Approach to Crown-Aboriginal Relations
| Author | Paul L.A.H. Chartrand |
| Pages | 27-70 |
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Defining the “Métis” of Canada: A Principled
Approach to Crown–Aboriginal Relations
. . .
A. OUTLIN E
) Object and Subject Matter
is chapter examines the current judicial and political attempts to dene
the Métis people of Canada. Finding these attempts inadequate, it then
proposes a n alternative approach within which the issue of denition
becomes a workable aspect of new Crown–Métis relations. e chapter
aims to contribute to the identication of the elements of a new approach
to both constitutional and policy development in Crown relations not
only w ith the Mét is people, but with al l the Abori ginal pe oples of Can ada
whose rights are recognized and armed in the law of the Constitution.
An important caveat is requ ired. e analysis and conclusions a re
tentative, due not only to the limitations of scope and length of a chapter
in a book, but a lso to the relatively immature doctr inal development on
the subject. In some cases , necessity has led to t he substitution of as-
sertion for argument. e object is to identify a plausible approach for
discussion and debate.
e complex subject-matter of t his chapter includes both law and
policy. It invites a c onsideration of basic questions t hat emerge from a
historic process where former political relations between the Crown and
Aboriginal peoples have now turned prima rily into c onstitutional and
legal relations, and the pol itical relations have, by and l arge, succumbed
to these changes.
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e historic political relations between the Crown and the Métis
people in Western Canada a re well known. Aer the military and polit-
ical subjugation of the Métis in the late th century, a new era of political
and c onsti tution al refo rm in C anada resul ted in the con stitu tiona l recog-
nition and a rmation of the rights of all Aboriginal peoples, including
the Métis, in the Constitution Act, . By t his time, federal pol icy and
legislation, largely based on the anachronistic and illegitimate recognition
policies of the Indian Act, had substantial ly abandoned recognition
of the Métis and their rights. Accordingly, Crown–Métis relations fail to
reect the new constitutional v alues, principles, and structures that now
bind the t hree branches of government in thei r relations with the Méti s
people. e new values and principles require the Crown to recognize,
respect, and protect the interests and rights of the Aboriginal peoples.
is chapter identies principles to gu ide just and practical Crown–Mé-
tis relations, within which t he Métis people will be identied.
) Method
e objectives of the chapter, which aim at proposing a basis for Crown–
Métis relations that respects the Crown’s constitutional obligat ions,
cannot be met with legal or constitutional analysis alone. Canada’s obliga-
tions engage all three branches of government: executive, legislative, and
judicial. e legitimate a nd proper role of each branch of government is
necessarily at issue, something that raises a fundamental question: What
standards are to guide the sea rch for appropriate Crown–Métis relations
that respect the Crown’s constitutional status and obligations?
A comparative approach is adopted. is approach identies prin-
ciples from law, policy, and legislation that were applied elsewhere and to
other people, and tests their application to the case of Aboriginal peoples.
e comparative approach is based on the proposition that Aboriginal
peoples, and specically Métis people, should be treated in the same way
as those who are respected. What is thought to be good for those who are
respected, w hether out of fear or of love, ought a lso to be good for the
Métis people.
Within the limits of this paper, it is not possible to develop each point
and argument — that will have to be le to another day. e paper’s more
modest goal is to briey identif y the conclusions and, as much as pos-
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sible, identify or outline the a rguments and the authorities from which
they are drawn.
) Conclusions
. ree fundamental elements of a national polic y to establish and
maintain appropriate Crown–Métis relations are drawn from the
principles that are in the following analy sis:
a) e Crown must enter into political relations with Métis repre-
sentatives, w ith a view to negotiate and reach agreement on the
recognition and protection of the rights of the Métis people.
b) Legal protection must be provided for t he agreements t hat result
from these negotiations by enacting appropriate legislation; legis-
lation is also necessary to i mplement the agreements.
c) Special adjudicative bodies with authority to deal w ith disputes
arising from the legislated agreements must be established .
. e denition of Métis would emerge from the negotiations and
agreements, and would be given eective protection by legislation.
. It is essential to note that the applicable pri nciples require that t he
same approach apply to all Aboriginal peoples. I n order to make ef-
fective the constitutional recognition and a rmation of the rig hts
of all Aboriginal peoples in t he Constitution Act, , Canada must
abandon the Indian Act scheme of recognition. W hat is required by
the law of the Constitution which binds governments is a new rec-
ognition scheme that respects a nd protects the rights of al l the Ab-
original peoples, in accordance with the applicable constitutional
standards.
B. REVI EW OF THE MEMBERSHIP CODES OF MÉTIS POLITICAL
REPRESENTATIVE ORGANIZATIONS
A critica l review has been made of the criteria for membership in pol-
itical organizations that represent the Métis for various purposes, par-
ticularly in t heir relations with the federal and provincial governments.
Not many useful publ ished works concerning these orga nizations, their member-
ship, and their roles ex ist. For a dated, but useful a nthropological perspec tive, see
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