Métis self-governance bill remains in limbo as treaty negotiation deadlines loom

A Metis Nation flag flies in Ottawa on Tuesday, Jan. 31, 2023. (Sean Kilpatrick)

While Métis governments across the country work towards self-governance agreements with Ottawa, a bill that would put those agreements into place remains in limbo.

Introduced in the House of Commons in 2023, Bill C-53 would grant self-determination rights, including Métis citizenship, elections, government structures and child and family services to Métis governments in Alberta, Ontario and Saskatchewan.

But those three Métis governments are no longer on the same page about the bill, and the odds of it passing appear to be getting slimmer.

"It's dead as far as I'm concerned," said Métis Nation–Saskatchewan president Glen McCallum in an interview.

Since it was introduced, the bill has been criticized by the Assembly of First Nations (AFN) for lack of consultation with First Nations as outlined in the United Nations Declaration on the Rights of Indigenous Peoples. The bill is currently idling in the report stage and has not moved since February.

Self-governance agreements signed between Ottawa and the three Métis governments in Alberta, Ontario and Saskatchewan in 2023 bound the Crown to reach treaty agreements within two years.

The MN–S withdrew support from the bill in April after determining that it is in a stronger position to advocate for Métis citizens in the province independently, putting the fate of the bill into question.

A statement from the MN–S following the withdrawal said that while the bill was structured to enable legislation to recognize future Métis governments in the three provinces, it is a "one-size-fits-all approach" that exposed the legislation to legal and political pressures due to "outstanding issues in Alberta and Ontario."

The MN–S also said a reason for withdrawing support was the Métis Nation of Ontario's (MNO) history of giving citizenship to those without Métis ancestry.

In 2023, the MNO began the process of revoking the citizenship of more than 5,000 people who had "incomplete" paperwork.

Despite the MN–S walking away from the bill and criticisms it has faced, the Métis Nation of Alberta (MNA) and the MNO are still supporting it.

"We'll wait and see what happens," said Mitch Case, councillor for Huron-Superior Regional Métis Community in Ontario. "Regardless of whether Bill C-53 moves forward or not, the Crown and the government are legally obligated to either get it through or if it fails, they're legally obligated to bring back a new version at the earliest opportunity."

Garrett Tomlinson, the MNA's senior director of self-government, expressed disappointment at the MN–S withdrawing support, but acknowledged all governments have a different path.

"Métis have always been stronger when we stand together and advance our interests where they overlap," said Tomlinson. "At the end of the day, I think there is space for both and there is benefit to both."

Melanie Paradis, a spokesperson for both the MNA and the MNO, said there are two likely outcomes for Bill C-53.

It is probable the bill will be tossed either by a federal election or in the new year following a speech from the throne, which would kill it.

Paradis said it is effectively dead because Ottawa is not moving the bill forward, and as a result, the Métis governments can't proceed on their own, even if they wanted to.

"It's completely stuck. It's in a parliamentary limbo nightmare," said Paradis. "No one can do anything."

In an emailed statement, Crown-Indigenous Relations and Northern Affairs spokesperson Pascal Laplante said the government is prepared to take the time needed to address the issues related to the bill through "constructive dialogue."

"We remain committed to continuing the work with all Métis partners to advance their visions of self-determination, promote reconciliation and build renewed government-to-government relationships," said Laplante.

Meanwhile, Métis governments are wondering what's to come and when.

Manitoba Métis Federation approach

The Manitoba Métis Federation (MMF) took an opposite approach to its self-government agreement by negotiating a treaty first and then acquiring enabling legislation, while the MNA, MNO and MN–S sought enabling legislation prior to negotiating treaties.

The agreement was signed on July 6, 2021 and recognizes, supports and advances the Manitoba Métis' right to self-determination.

Unlike agreements signed with the MNA, MNO and MN–S, which are bound by provincial borders, the MMF agreement covers the entire Métis Nation homeland and all Red River Métis, overlapping with other Métis governments and First Nations.

Paradis said details on the MMF treaty are not publicly available as those who were consulted were asked to sign a non-disclosure agreement.

Timeline

June 27, 2019: Métis governments in Alberta, Ontario and Saskatchewan sign separate self-governance agreements with Ottawa.

July 6, 2021: MMF signs self-government agreement with Ottawa.

June 21, 2023: Bill C-53 was introduced in the House of Commons. First and second readings are completed.

Sep. 14, 2023: MNA, MNO and MN–S registered to lobby the federal government to move forward with Bill C-53.

Feb. 8, 2024: Committee reports presented with amendments.

March 28, 2024: The Federal Court ruled that Ottawa must make changes to its self-governance agreement signed with the MNA, calling the deal too broad in its definition and saying it was made without consulting the Fort McKay Métis Nation and the Métis Settlements of Alberta.

April 17, 2024: MN–S withdraws support from Bill C-53.

July 15, 2024: MNA registers to lobby federal government to discuss Bill C-53.