Métis Rights in the Era of Consultation
The Métis Nation of Ontario held a symposium entitled Perspectives on Métis Rights 2009 at Osgoode Hall on March 27. An overflow audience heard speakers Jean Teillet, partner with Pape Salter Teillet LLP, Jason Madden of JTM Law, Bob Waldon, Director, Natural Resources, Environment & Community Relations, Métis Nation of Ontario, and Tracy Campbell, partner with Calliou Group, talk on issues relating to the government's duty to consult and accommodate Métis interests in light of the landmark 2003 Powley decision. This decision defined a Métis community as a group of Métis with a distinctive collective identity, living together in the same geographical area and sharing a common way of life, and found that Métis rights could overlap existing Aboriginal group rights.
Senator Ruth Wagner-Millington opened the symposium with a prayer, followed by remarks from Gary Lipinski, President of the Métis Nation of Ontario, and Bencher Susan Hare. Clint Davis, President and CEO of the Canadian Council for Aboriginal Business, served as panel moderator.
Jean Teillet delivered a fascinating report based on her extensive research entitled The Métis of the North West: Towards a Definition of a Rights-Bearing Community for a Mobile People. Her work examined how to define a rights-bearing Métis group for the purpose of proving harvesting rights. Harvesting rights are distinct from title to land, and are protected where they are activities which were integral to the distinctive culture of the Aboriginal group. She postulates that because the traditional Métis lifestyle was highly mobile, the creation of artificial boundaries on which to base any group rights is inappropriate.
Jason Madden next posed the question that if the Powley definition of a Métis community is accepted, then a government consulting with Métis in one town or settlement about projects with potential regional impacts would mean that one community council would be consulting on behalf of the entire Métis community. He argued that any Métis community asserting the consultation obligation should have a transparent, credible and democratic governance structure in place in order to claim that they legitimately represent the Métis people. He stated that Métis themselves have the responsibility to ensure that all members of the rights-bearing Métis community are engaged on consultation.
A reception followed the symposium, at which Treasurer W.A. Derry Millar and Bencher Susan Hare spoke. Roger and Aline Giroux performed traditional Métis music, and Susan Hare was presented with a commemorative poster of the day by Gary Lipinski.