‘Supreme Court Dividing Canadians’

The Canadian taxpayers are now expected to pay for even more ‘dependents’, land claims, etc., as Canadian lawyers continue to divide Canadians into two separate racial and legal categories: ERBLSupremeCourtDividingCanadians800x800“The Supreme Court of Canada has ruled that tens of thousands {600,000} of Métis and non-status Indians are the responsibility of the federal government, ending a 17-year court battle.

“In a unanimous ruling that may serve now as a starting point for those pursuing land claims and additional government services, the court held that non-status Indians and Métis are considered “Indians” under ‘section 91(24)’ of the ‘1867 Constitutional Act’. 

However…

“There is no consensus on who is considered Métis or a non-status Indian, nor need there be. Cultural and ethnic labels do not lend themselves to neat boundaries.” {!?! But legal categories do! So, stop mixing them…}

“The ruling extends the federal government’s responsibilities to approximately 200,000 Métis and 400,000 ‘non-status’ aboriginal people who are not affiliated with specific reserves.

“Without this clarity, ‘indigenous’ communities were in a “jurisdictional wasteland with significant and obvious disadvantaging consequences” {Yes, the poor dears were only ‘ordinary’ Canadian citizens, not entitled to the special perks that come with racial ‘status’… }, the ruling said. The result of this “political football” was that financially, Métis and non-status Indians were deprived of significant funding for {Race Based} programs, services and other benefits {!}.

“This is a landmark ruling that will have broad consequences and impacts”said Prime Minister Justin Trudeau, adding that the government will need to study what those impacts might be. “But I can guarantee you one thing, the path forward will be together as we move forward.”

“This is a great day for over 600,000 Métis and non-status Indians”, said Dwight Dorey, national chief of the ‘Congress of Aboriginal Peoples’, after the decision was released Thursday. “Now hopefully we will not have to wait any longer to sit at the {money and power} table.” 

Dwight Dorey, national chief of the ‘Congress of Aboriginal Peoples’ (GAVIN YOUNG - CALGARY HERALD)
Dwight Dorey, national chief of the ‘Congress of Aboriginal Peoples’ (GAVIN YOUNG – CALGARY HERALD)

“I’m very happy that we were successful in removing a ‘blockage'”, said Joseph E. Magnet, lead lawyer for the Congress of Aboriginal Peoples. “The court recognized that this blockage has caused significant disadvantage, discrimination, and resulted in denial of programs and services that all governments recognized were necessary.”

“This is a dream come true”said Gail Gallupe, president of ‘McMurray Métis Local 1935’. The group represents {some} Métis people in Fort McMurray and northeastern Alberta.

‘1,2,3 punch’
“Jason Madden is a Métis lawyer with ‘Pape Salter Telleit’, A FIRM SPECIALIZING IN METIS AND ‘FIRST NATIONS’ LAW.
http://www.pstlaw.ca/

“He calls Thursday’s decision a “1,2,3 punch” that affirms the government has jurisdiction over, a fiduciary responsibility to, and the duty to negotiate with, Métis and ‘non-status’ peoples {Wouldn’t ‘non-status’ include all the rest of Canadians?}

“We believe that now we can move forward; now there is no jurisdictional barrier”, said Clément Chartier, president of the Métis National Council. “[Government] cannot say, ‘Well we can’t deal with you because Section 91 (24) doesn’t include you.’ This of course strengthens our position.”

Clement Chartier, president of the Métis National Council (David Vincent-The Associated Press)
Clement Chartier, president of the Métis National Council (David Vincent-The Associated Press)

‘Definition of ‘Indian’
“The word Indian has two meanings, the ruling explains:

–A broad interpretation that includes all ‘aboriginal people’.
–A narrow meaning to distinguish ‘First Nations’ from other groups.

“For the purpose of defining federal jurisdiction, the broad meaning applies.

“However, the ruling also does not distinguish which communities are Métis and which are ‘non-status Indians’. Determining whether particular individuals are non-status Indians or Métis — or exactly who this ruling now applies to — is a

“fact-driven question to be decided on a case-by-case basis in the future” {And paid for by the rest of Canadians…}.

‘What does it mean to be Métis?’ 

“There is no consensus on who is considered Métis or a non-status Indian, nor need there be. Cultural and ethnic labels do not lend themselves to neat boundaries”, the ruling said.

“Which is good”, Madden`said. “Those issues are best left for the communities themselves to answer.” {???}

‘Overwhelmed and ecstatic’
“The landmark case was launched in 1999 by prominent Métis leader Harry Daniels — then president of the Congress of Aboriginal Peoples — along with Leah Gardner, a non-status Anishinaabe woman, and Terry Joudrey, a non-status Mi’kmaq man. Daniels died in 2004…

“The case, known as ‘Daniels vs. Canada’, went to trial in 2011 and final arguments were heard in 2015.

“Canada’s top court was asked to rule on whether the federal government has the same responsibility to Métis and non-status Indians as to status Indians and Inuit.

“Justice Rosalie Abella, writing for the court, said the provincial and federal governments have both denied having legal authority over non-status Indians and Métis, leaving them in a “jurisdictional wasteland.”

‘Leaders were screaming’
“Duane Morrisseau-Beck was one of about 100 people in the foyer of the Supreme Court when the decision was released.

“You should have seen the energy in this room go from zero to a hundred”, said the Métis man who lives in Ottawa, although most of his family are still in Manitoba. “The Métis leadership came walking down the hall, screaming, you could hear it.”

“…Morrisseau-Beck said he still doesn’t know exactly what the decision means, but hopes it leads to land claims for Métis communities and increased services.

“He also calls it a validation of Métis rights and history.”

–‘Unanimous ruling says Ottawa has jurisdiction over all ‘indigenous people’,
Tim Fontaine, CBC News April 14, 2016 {CAPS added}

http://www.cbc.ca/news/aboriginal/m%C3%A9tis-indians-supreme-court-ruling-1.3535236

‘Chronology of court case…’
http://www.timescolonist.com/chronology-of-court-case-as-metis-non-status-indians-win-status-1.2231405 Métis flags at rally on Parliament Hill for opening of Parliament, January 28, 2013The text of the decision:
http://news.nationalpost.com/news/canada/landmark-unanimous-supreme-court-ruling-states-metis-non-status-indians-are-federal-responsibility#codeword

http://www.thecourt.ca/2015/10/live-from-the-supreme-court-of-canada-canadas-forgotten-people-have-hope-in-harry-daniels-v-the-queen/ metis national council“In the moments following the decision, the building’s foyer filled with Metis and aboriginal stakeholders, all of them barely able to contain their delight. As they spoke, whoops of joy and hollers of celebration echoed through the building…

“One Métis leader said the ruling would have implications for future negotiations with the government over lucrative natural resources.

“Ron Quintal, president of the Fort McKay Metis Community in Alberta, said his community is “completely surrounded” by oilsands development…

“This is going to allow us to have an actual voice where industry and government have no choice but to work with our people.” 

“Abella said Thursday’s ruling was another chapter “in the pursuit of reconciliation and redress” in the long history between Canada and its {so-called} ‘Indigenous People’.

“The constitutional changes, the apologies for historic wrongs, a growing appreciation that aboriginal and non-aboriginal people are partners in Confederation . . . all indicate that reconciliation with all of Canada’s Aboriginal Peoples is Parliament’s goal”, Abella wrote.

“Abella cited the {biased, politicized} ‘Report of the Royal Commission on ‘Aboriginal Peoples’, and the {one-sided, politicized} ‘Final Report of the Truth and Reconciliation Commission of Canada’…

“Jason Madden, lawyer for ‘Metis National Council’, an intervener, said the ruling was a “game changer” and a “slam dunk” because it upheld the notion that the government has a duty to negotiate with Metis.

“There is no way that the federal government can avoid or hide from this issue any longer”, he said in an interview. “It’s got to be positive negotiations with Metis just as much as there is with ‘First Nations’.”

–‘Landmark Supreme Court ruling extends rights to 600,000 Métis, ‘non-status Indians’,
Mike Blanchfield, The Canadian Press, April 14, 2016

http://news.nationalpost.com/news/canada/landmark-unanimous-supreme-court-ruling-states-metis-non-status-indians-are-federal-responsibility CAP-Logo1“The Congress of Aboriginal Peoples and several Métis and non-status Indians took the federal government to court in 1999, alleging discrimination because they are not considered “Indians” under a section of the Constitution Act.

“They argued they are entitled to some, or all, of the same rights and benefits as status “First Nations” members, many who live on reserves.

“They say that includes access to the same health, education and other benefits Ottawa gives status Indians; being able to hunt, trap, fish and gather on public land; AND THE ABILITY TO NEGOTIATE AND ENTER TREATIES WITH THE FEDERAL GOVERNMENT…

“Jason Madden, a lawyer representing the Métis National Council, told CBC News Network that

“it’s a good day for the Métis “nation””… “We know what door to knock on”, Madden said. “We have a solid court decision TO START THE ONSLAUGHT OF LITIGATION.”…

“We have to be very cautious about the decision because being classified or bundled together as just Indians… you know, categorized as one group … we are our own ‘nation'”, said David Chartrand, who is also vice-president of the Métis National Council of Canada.”David Chartrand, President of the ‘Manitoba Metis Federation’ (Sean Kilpatrick-Canadian Press)

I must confess a certain satisfaction at this court ruling since, by defining a mixed race (Metis) as yet another “nation”, the illogical foolishness of this game is now nakedly exposed.

Under the heading “Metis people in Canada”, we read

“The Canadian Encyclopedia states that there is no consensus on the definition of métis in Canada and uses the following definition in their article on the subject:

“It is important to define specific meanings for the term as used in this discussion, while cautioning that writers past and present have not achieved consensus on the matter. Written with a small ‘m’, métis is an old French word meaning “mixed”, and it is used here in a general sense for people of dual Indian-White ancestry. Capitalized, Métis is often used, but not universally accepted, as a generic term for all persons of this biracial descent.”

So, the racial game in Canada narrows the definition of “Metis” to “Indian-White” only — other racial mixes needn’t apply, and lawyers can use it to mean pretty much anything, as the ‘Canadian Encyclopedia’ elaborates:

“It may variously refer to a distinctive socio-cultural heritage, a means of ethnic self-identification, and sometimes a political and legal category, more or less narrowly defined.”

What a legal goldmine…

Now, by this point, most Canadians are shaking their heads, muttering “What in the hell is going on?”

But we’re not finished yet! The next question that occurs to most people is “Where is this “Metis Nation” and who speaks for them?”

I must admit that i’m laughing as i inform you of the following new “nations” within our borders:

–’Metis Nation of Ontario’
–’Manitoba Metis Federation’
–’Metis Nation — Saskatchewan’
–’Metis Nation of Alberta’
–’Metis Nation British Columbia’
–’Eastern Woodland Metis Nation (Nova Scotia)’
–’Quebec Metis Nation’
–’Red Sky Metis Independent Nation’
and lastly: ‘Metis Nation of Greater Victoria’ (“The purpose of Métis Nation of Greater Victoria is to do all things necessary to represent the interests of the Métis people in the territory of Métis Nation of Greater Victoria”.)Métis Nation of Greater VictoriaFrom Wikipedia:
“The Métis National Council was formed in 1983, following the recognition of the Métis as an Aboriginal Peoples in Canada, in Section Thirty-five of the Constitution Act, 1982. The Métis National Council is composed of five provincial Métis organizations… Due to political differences, a separate Metis organization in British Columbia was formed in June 2011, called the British Columbia Métis Federation (BCMF)…

“The ‘Métis Nation of Canada’ WAS FOUNDED on January 21, 2009 by founder and CEO Bryce Fequet… As none of these claim to represent all Metis, there are other Metis registry groups that also focus on recognition and protection of their culture and heritage…

“In 2003, the Supreme Court of Canada clarified the definition of the “Métis Nation” and their rights under section 35(1) of the Constitution Act, 1982 in ‘R v. Powley’, also known colloquially as the Powley ruling.

“Presently, in order to be recognized as a Métis in Canada, a person must have a Métis card. Several organizations are registered with the Canadian government to provide Métis cards.”

The pattern is entirely predictable — They have approached our courts as a single “nation” in order to get legal recognition. Once the court cases and settlement negotiations begin, these regional groups will demand their own “special” recognition; the 2 B.C. groups will both demand their own “nation” recognition and the resulting land and compensation, and we will find — just as with the Indian “nations” — that there is no single person or organization to negotiate with.

This will result in countless negotiations and court cases, going on for decades…

For British Columbians, this now means not only approximately 200 Indian “nations” demanding “sovereignty”, but at least two mixed-race “nations”, as well… I guess that the Chinese in Richmond and the East Indian community in Surrey will just have to get used to shelling out money to these pseudo-nations, and British Columbia will have to export tons of marijuana to pay for it all. Our immigration department should be warning immigrants of what they’re getting into, should they decide to come to Canada…

From the ‘Canadian Bar Association’ {CAPS added}
(“A voluntary organization representing over 35,000 lawyers across Canada”):

“The Metis are people of mixed aboriginal and non-aboriginal ancestry, but THEIR PRECISE LEGAL DEFINITION IS NOT CERTAIN… THERE STILL REMAINS A GREAT DEAL OF AMBIGUITY.”

“It has no consistent legal definition…”; “It’s actual application is becoming uncertain…”; “Their precise legal definition is not certain…; “There still remains a great deal of ambiguity…”

I’m going to go out on a limb here: Can’t you just smell the court cases that are coming? 

Sample Metis Status Card

These will now become even more valuable:

“Metis Status cards do not have any benefits in the US, but in Canada, organizations that issue cards to their registered members based on a community do get huge funding from government for a wide variety of programs, including but not limited to: social wellness, housing assistance, education, work placement assistance, health studies and programs, cultural studies and reports, heritage events, cultural workshops, festivities and other events, and so many other programs.

“Some organizations have agreements with government to conduct organized harvesting rights (like hunting) and, based on the numbers of their registered members, have representation on very many levels for the well-being and preservation of Metis culture and heritage. So every person who gets a Metis Status card helps their community in obtaining more of a voice for them.

“ALSO, Metis Status card holders in Canada can get placement in a university or college program that might otherwise be denied to them. And of course, there is scholarship and bursary money for education expenses that Metis can apply for (and many have received).

“Companies that participate in employment equity programs will give consideration to the 4 most under-represented groups in Canada — visibly minorities, handicapped persons, women, and aboriginal people. Metis are considered one of 3 types of aboriginal people as outlined in the Canadian Constitution.”

http://boards.rootsweb.com/topics.ethnic.natam.nations.metis.metisgen/2744/mb.ashx
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
“Metis Status gives access and fellowship to our extended kinship community, and without membership, Metis communities will not get funding…

‘Representation and Rights’
“Some groups might seek harvesting, hunting or fishing rights, or even the right to harvest plant material. Rights are determined by agreements signed between the government and the organization. There are many different organizations that represent many different groups of Metis…

“We do not know what the future holds for anyone. Having Metis Status with a particular organization might mean your community has negotiation of rights — for now, and for the future. Some organizations do not have any intention to seek funding nor represent you, so it’s best to ask before you apply. Groups do not share databases, nor funding, nor resources, so application to the wrong group is not transferrable to another group.

‘Programs’
“Social programs are varied and can include health programs, health studies for particular hereditary diseases, cultural learning programs, assistance programs, cultural and heritage workshops, improvement incentives, work programs, help with housing, family programs (baby wellness, family counselling, etc) preservation of heritage and culture, etc. Funding for programs depends on agreements with Canadian government and the numbers of registered members of an organization.

‘Education’
“Native Americans have traditionally had a lower number of high school, college and university graduates than the average population. Native Americans have traditionally been under-represented in the labor force. Native Americans are the fastest growing population. The government now understands that they will need training as they will be a major pool for the labor force in the future, so they are encouraging educational institutions to make accommodation for aboriginal persons, whether they be ‘First Nations’, Inuit, or Metis.

“Having a Metis Status card can help secure a place in a college or university. Considering that Metis families’ ancestors helped to build the economy of this continent, and then had to hide their identity for generations or have rights taken away, and considering that these Native ancestors’ hard work has never been properly recorded nor recognized, and considering that Metis families often changed their names and hid their identity to get jobs, it’s time the Metis become more represented in colleges and universities.

“There are also scholarships and bursaries that Metis can apply for. Application for such funding should be based on genuine need, as there are so many Metis families with lack of resources for education.

‘Workplace’
“Major corporations usually have policy in place that encourages hiring from the 4 groups of people most under-represented in the workplace in Canada — visible minorities, handicapped persons, aboriginal persons and women. Aboriginal persons under the Canadian Constitution Act include ‘First Nations’, Inuit and Metis. Whether this helps or not with workplace is debatable and depends on the circumstances.”

http://www.voyageurmetis.org/status/status_e.htm MetisNationSaskatchewanMinusText‘Métis’
“Though the word Métis has several different meanings and definitions, one common theme is that Métis are people with mixed ‘First Nation’ and European ancestry, distinct from ‘First Nations’, Inuit or non-Aboriginal people.

“Métis identify themselves as Métis.

“To get a Métis card, you need to:
–apply through a local or provincial Métis organization
–provide documentation and proof of your ancestry.

http://www.ontario.ca/government/indian-status-and-identification-cards MetisNationOntario“Metis leaders now refer to their people as the Metis ‘Nation’…but do the Metis qualify for nationhood when, as latecomers on the aboriginal scene, they never had their own territory?

“In fact, they hunted, trapped, and traded throughout territories in northern Ontario and western Canada claimed by Indian nations such as the Blackfoot and Sioux, who resented their presence and sometimes tried to drive them out.

“Perhaps only an academic like me would worry about such conceptual quibbles…” (p.78)
^^^^^^^^^^^^^^^^^
“The ‘Royal Commission on Aboriginal Peoples’ (1996) distinguished the “Metis Nation” (the descendants of Metis employed in the fur trade in northern Ontario and western Canada) from the “other Metis” in eastern Canada, such as the people of mixed Inuit-white ancestry in Labrador or other mixed-race groups in the Maritimes, Quebec and Ontario. Eventually, thought the Royal Commission, there could be several Metis nations, as the other mixed-race groups become aware of their identity and claim ‘national status’.” (p.83)

–Tom Flanagan,
‘First Nations? Second Thoughts’,
(McGill/Queen’s University Press, 2008)

https://www.amazon.ca/First-Nations-Second-Thoughts-Edition/dp/077353444X ERBLSelfGovernmentAnyone600x600Background:
‘Federal Court Grants Rights to Metis, Non-Status Indians’ {Feb.13, 2013}: https://www.facebook.com/ENDRACEBASEDLAW/posts/517772818272881

‘Federal Government Fights Court-Ordered New 600,000 Indians’ (Metis) {November 2, 2013}:
https://www.facebook.com/ENDRACEBASEDLAW/photos/a.336196793149227.59519.332982123470694/420369494731956/?type=1

‘Self-Government, Anyone?’ (Metis Nation Fraud) {November 5, 2014}:
https://www.facebook.com/ENDRACEBASEDLAW/photos/a.336196793149227.59519.332982123470694/557416841027220/?type=1

‘The Foolishness of ‘Indian Status’ Bites Government in Butt’ (New ‘Indians’ In Newfoundland) {April 14, 2014}:
https://www.facebook.com/ENDRACEBASEDLAW/photos/a.336196793149227.59519.332982123470694/478188128950092/?type=1

‘Another New Indian ‘Nation’ (Mi’kmaq – Newfoundland) {November 16, 2013}:
https://www.facebook.com/ENDRACEBASEDLAW/photos/a.336196793149227.59519.332982123470694/425432950892277/?type=1

‘How The Aboriginal Industry Wins In Court’ {September 16, 2015}: https://www.facebook.com/ENDRACEBASEDLAW/photos/a.336196793149227.59519.332982123470694/674179372684299/?type=3

‘The Oral Tradition’ {September 9, 2013}:
https://www.facebook.com/ENDRACEBASEDLAW/photos/a.336196793149227.59519.332982123470694/400758153359757/?type=1

‘ON USING THE TERM ‘INDIAN’’ (Peter Best) {June 20, 2015}:
https://endracebasedlaw.wordpress.com/2015/06/20/on-using-the-term-indian/
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