Mtis Nation of Alberta mounts court challenge to Manitoba Mtis self-government deal - Action News
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Indigenous

Mtis Nation of Alberta mounts court challenge to Manitoba Mtis self-government deal

The Alberta branchof the Mtis Nation hassigned an updated self-government dealwith Canada, even as itisin court challenging a similar agreement between the Manitoba Mtis and Canada.

Judicial review against Manitoba Mtis Federation and Canada was launched fall 2021

A woman with short grey hair and glasses has a serious expression.
Audrey Poitras, president of the Mtis Nation of Alberta. (Jamie McCannel/CBC )

The Alberta branchof the Mtis Nation hassigned an updated self-government dealwith Canada, even as itisin court challenging a similar agreement between the Manitoba Mtis and Canada.

In a Federal Court judicial review filed in 2021, the Mtis Nation of Alberta (MNA) argued the Manitoba Mtis Federation's (MMF) self-government deal stoked conflict and breached the honour of the Crown.

The Alberta association wanted the agreement set aside or at least "read down," it said in court files, alleging itempoweredthe Manitoba federation to potentially supplant other collective Mtis associations by luring away their members.

MNA President Audrey Poitras, in a statement provided to CBC News on Friday, said productive talks held amid the court challenge sparked the updated deal, which addressed many of the MNA's concerns.

"Now that our updated self-government agreement with Canada has been signed, we will assess how we will proceed with our lawsuit," she said.

The 47,000-member MNA initially sought an injunctionblocking the 44,000-strong MMFfrom trying to poach citizens on what the MNA claimedas itsexclusive turf.

"The MMF has claimed that it now represents citizens of the Mtis Nation within Alberta, and has supported the creation and development of a new Mtis organization within Alberta known as the Alberta Mtis Federation, to act as a satellite of the MMF and ultimately to displace the MNA," its filing said.

A politician with a miniature Mtis flag on his desk beside him.
Manitoba Mtis Federation President David Chartrand. The MMF withdrew from the Mtis National Council in 2021. (Sean Kilpatrick/The Canadian Press)

The allegations are untested in court.

The court filing named the MMF and the minister of Crown-Indigenous Relations as respondents. The minister and MMFfiled notices of appearance but no comprehensive responses.

The MMF declined to comment directly on the case. In a general statement provided to CBC News, President David Chartrand rejected the idea the MMF's jurisdiction stops at Manitoba's border.

"Red River Mtis are coming home to our government in the thousands, because they know we stand strong in defence of our distinct identity, culture and nationhood," Chartrand said.

"We will not be stopped by anyone seeking to steal our identity."

The 2021Manitoba Mtis Self-Government Recognition and Implementation Agreementaffirms the MMFas the democratic government of the Manitoba Mtis, historically known as the Red River Mtis.

Saskatchewan Mtis to back MNA

Crown-Indigenous Relations MinisterMarc Miller's office did not respond to questions about the court challenge by publishing time.

In a news release Friday, he said Alberta's new deal will "revitalize and transform our government-to-government relationship."

Two politicians side-by-side at a meeting.
Minister of Crown-Indigenous Relations Marc Miller and Cassidy Caron, president of the Mtis National Council, co-chair a meeting in Ottawa Dec. 13, 2022. (Justin Tang/The Canadian Press)

Meanwhile, the Mtis Nation-Saskatchewan (MN-S) applied to join the MNA's case in March 2022, sayingit shared Alberta's concerns, with its intervener motion scheduled for May 8.

The MN-S similarly allegedthe MMF's deal effectively allowedthe federation to supersede the MN-S on its home territory.

"Canada's decision to sign the MMF Self-Government Agreement has exacerbated internal divisions across the Mtis Nation," its motion said.

The MN-S declined to comment further when contacted about the case. The MN-S has also signed a self-government agreement with Ottawa.

The MMF, MN-S and MNA are together the three founders of the Mtis National Council, created in 1983 on the eve of a constitutional conference on Indigenous rights. Forty years later, the council is fractured.

The MMF broke from the national organization in 2021 following years of internal factionalism and conflict among top Mtis leaders. Disputes about core issues of identity and governance continueto rageamidlawsuits and political power jockeying.

MNA constitution faces court challenge

Nevertheless, the various branches of the Mtis nation are trying to get back to business.

The MNA in December voted to ratify its Otipemisiwak Mtis Government Constitution, but the process faces a court challenge from the Mtis Settlements General Council, which governs more than eight Mtis settlements occupying more than 500,000 hectares of territory in Alberta.

The general council rejected the MNA's authority and called the constitutional ratification an "illegitimate strategy to dispossess the Mtis settlements of their self-government, their constitutional rights and their lands" in a November 2022 application for judicial review.

This allegation has also not been tested in court.

To the east, the Mtis Nation of Ontario is holding a province-wide plebiscite on whether to boot from its registry more than 5,400 members who lack documentary proof of Mtis ancestry.

MNO President Margaret Froh, while declining to comment directly on matters before the court, said the various Mtis governments must respect each other.

"I am one of those Mtis tied to the West and a great deal of my ancestry is grounded in the Red River valley, and I would say, definitely, the MMF does not represent me," Froh said in an interview Thursday.

"It's up to the Mtis people to determine which Metis government they choose to be a citizen of."