'So unfair': Metis take Alberta to court over refusal to discuss consultation policy
The Metis Nation of Alberta is taking the provincial government to court over what it says is negotiating in bad faith on a consultation agreement.
“We feel we have no option,” said Audrey Poitras of the Metis Nation of Alberta, which filed a request Monday for a judicial review.
“The government of Alberta does not recognize we have rights in this country.”
The Metis are seeking an overall agreement on how they should be consulted over resource development or government plans that could affect their traditional land and practices. Poitras said the Metis Nation nearly had one after five years of talks with the province under two different governments.
But that all came to an end shortly after the election of the United Conservative Party. On Sept. 5, 2019, Poitras received a letter from provincial Indigenous Relations Minister Rick Wilson stating “Alberta will not be moving forward with the draft consultation policy.”
Court documents say the Metis were never provided with the rationale for that decision.
Government briefing notes referred to in the Metis application suggest bureaucrats, saying it would be expensive and time-consuming, decided an overall consultation policy wasn't needed. The court documents quote a handwritten note to a senior official saying, “Adding more (Indigenous) communities to consult with is burdening industry.”
The notes suggest continuing the current policy, which forces Metis people seeking to have a voice in development to go through an onerous “credible assertion” process. That's proven so difficult that the Metis Nation still hasn't been able to complete it, Poitras said.
Alberta does have agreements with Metis settlements, but fewer than about five per cent of the province's 114,000 Metis live in them. The Metis Nation has about 47,000 registered members, Poitras said.
“It is so unfair that the majority of Metis don't live on those (settlements) and yet we're not even talking anymore.”
Poitras points out her group has a consultation agreement with the federal government. The provinces of Saskatchewan, Manitoba and Ontario all have such agreements with Metis living there.
Alberta has one with First Nations, so why not Metis? asked Poitras.
“It's totally wrong for the government to just decide to stop talking to us,” she said. “This is systemic racism in action.”
Poitras said the government has ignored the group's repeated calls to resume talks.
Adrienne South, spokeswoman for Wilson, said the department couldn't comment on a matter before the courts.
“Alberta's government values its relationship with the Metis as shown by our support of affordable housing projects, cultural outreach for Metis Crossing, ongoing supports during the pandemic and continuous engagement with Alberta's Metis peoples,” she said.
The Metis Nation's court filing says the Supreme Court has repeatedly affirmed that Metis have Indigenous rights under the Constitution. The court has also said Canada has both a duty to consult and a duty to negotiate.
NDP Opposition Leader Rachel Notley, who appeared with Poitras at a news conference, said walking away from the nearly complete consultation agreement as the government did in 2019 creates more uncertainty, risk and red tape for everyone, including industry.
“A formal policy would help us to enshrine a process for new projects. It would allow the government to bring willing partners to the table and it would provide industry with transparency and predictability,” Notley said.
This report by The Canadian Press was first published June 14, 2021.
CTVNews.ca Top Stories
There's actually no such thing as vegetables. Here's why you should eat them anyway
The rumours are true: Vegetables aren't real — that is, in botany, anyway. While the term fruit is recognized botanically as anything that contains a seed or seeds, vegetable is actually a broad umbrella term.
BREAKING Israeli forces seize Rafah border crossing in Gaza, putting ceasefire talks on knife's edge
Israeli tanks seized control of Gaza’s vital Rafah border crossing on Tuesday as Israel brushed off urgent warnings from close allies and moved into the southern city even as ceasefire negotiations with Hamas remained on a knife’s edge.
The Met Gala was in full bloom with Zendaya, Jennifer Lopez, Mindy Kaling among the standout stars
The Met Gala and its fashionista A-listers on Monday included Jennifer Lopez, Zendaya and a parade of others in a swirl of flora and fauna looks on a green-tinged carpet lined by live foliage.
'It looked so legit': Ontario man books $7,700 luxury villa on Booking.com, but the listing was fake
An Ontario man says he was charged more than $7,700 to book a luxury villa on a popular travel website -- but the listing was fake.
Noelia Voigt resigns as Miss USA, citing her mental health
Noelia Voigt, who was crowned Miss USA in November 2023, has announced she is resigning from her role, saying the decision is in the best interest of her mental health.
Putin begins his fifth term as president, more in control of Russia than ever
Vladimir Putin began his fifth term Tuesday as Russian leader at a glittering Kremlin inauguration, setting out on another six years in office after destroying his political opponents, launching a devastating war in Ukraine and concentrating all power in his hands.
Winnipeg man admits to killing four women, argues he's not criminally responsible
Defence lawyers of Jeremy Skibicki have admitted in court the accused killed four Indigenous women, but argues he is not criminally responsible for the deaths by way of mental disorder – this latest development has triggered a judge-alone trial rather than a jury trial.
Mediterranean staple may lower your risk of death from dementia, study finds
A daily spoonful of olive oil could lower your risk of dying from dementia, according to a new study by Harvard scientists.
An El Nino-less summer is coming. Here's what that could mean for Canada
As Canadians brace themselves for summer temperatures, forecasters say a weakening El Nino cycle doesn’t mean relief from the heat.