North Slave Mtis Alliance seek to join Mtis rights court case

The North Slave Mtis Alliance is arguing in federal court today that it must be allowed to intervene in a case between the Akaitcho Dene, the federal government, and a rival Mtis Nation.

Arguing that there are no "rights-bearing"Mtison their land, the Akaitchoare also asking the federal government to prove that the Northwest TerritoryMtis Nation's members are actually Mtis, and do not belong to the Akaitcho, or another aboriginal group.

The North Slave Mtis Alliance, a separateMtisnation, say that they can prove the Akaitcho wrong.

President Bill Engewants his lawyers to take up the fight with the government, and the Alliance has applied for intervener status.

The North Slave, like many Mtis nations across the country,use the 2003 PowleySupreme Court decision to determine the mtis status of their membership. The decision defines "Mtis" as a"distinctive peoples of mixed ancestry who developed their own customs, practices, traditions and recognizable group identities separate from their Indian, Inuit and European ancestors."

The Northwest TerritoryMtisNation does not use the Powley decision to determine the status of its membership, says Enge. Instead, the Nation gives membership toMtis who can trace their ancestry to First Nations who traditionally lived in the territory.

"The [Northwest Territory]MtisNation has a land claim based on the Indian ancestry of its members," Enge said."Not the ethnic 'Mtis-ness' of itsmembers.

"They cannot be relied on to counter the Akaitcho Dene argument that thereare no ethnic or section 35 aboriginal rights-bearing Mtis. It would be tantamount to sabotagingtheir land claim.

Precedent setting?

Both the Northwest TerritoryMtisNation, as well as the Attorney General representing the federal government in the case, are asking the judge to deny intervener status to theMtisAlliance, saying it would only slow down and complicate the proceeding.

In their response to the request for an injunction, federal government representatives say that the case has no bearing on the rights of section 35Mtis.

"This matter is not litigation over the issue of whether Mtis exist in the NWT," reads the response,"or what the section 35 rights of such Mtis might be."

However, the initial claim from the Akaitcho Dene, states that the Akaitcho believe "there have never been 'rights-bearing' Mtis communities within the meaning of Powley in Akaitcho Territory," asking the Crown to prove otherwise.

"What historic and current Mtis rights-bearing communities does Canada believe are represented by the NWTMtis Nation?" the claim goes on to read.

It's this distinction that Engetakes issue with.

Enge fought the Northwest Territories government earlier this year for the North Slave Mtis' traditional right to hunt caribou in the region. The Alliance was eventually awarded tags.