'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
'Too young to have breast cancer': Rates among young Canadian women rising
Breast cancer rates are rising in Canada among women in their 20s, 30s and 40s, according to research by the University of Ottawa (uOttawa).
Minister 'outraged' after AFN national chief's headdress taken from Air Canada cabin
The federal minister of Crown-Indigenous relations is calling on Air Canada to 'make things right' with the national chief of the Assembly of First Nations, who said her headdress was removed from an airplane cabin during a flight this week.
Sophie Gregoire Trudeau on navigating post-political life, co-parenting and freedom
Sophie Gregoire Trudeau says there is 'still so much love' between her and Prime Minister Justin Trudeau, as they navigate their post-separation relationship co-parenting their three children.
'I was scared': Ontario man's car repossessed after missing two repair loan payments
An Ontario man who took out a loan to pay for auto repairs said his car was repossessed after he missed two payments.
Charlie Woods, son of Tiger, shoots 81 in U.S. Open qualifier
Charlie Woods failed to advance in a U.S. Open local qualifying event Thursday, shooting a 9-over 81 at Legacy Golf & Tennis Club.
Canada recognizes housing as a human right. Few provinces have followed suit
As more Canadians find themselves struggling to afford or find housing, the country's smallest province is the only one that can point to legislation recognizing housing as a human right.
What to know about avian influenza in dairy cows and the risk to humans
Why is H5N1, or bird flu, a concern, how does it spread, and is there a vaccine? Here are the answers to some frequently asked questions about avian influenza.
'Violation': CSIS had officer investigated after she reported a superior raped her
A CSIS officer's allegations that she was raped repeatedly by a superior in agency vehicles set off a harassment inquiry, but also triggered an investigation into her that concluded the alleged attacks were a “misuse” of agency vehicles by the woman.
Pro-plastic lobbyist presence at UN talks is 'troubling,' say advocates
Environmentalist groups are sounding the alarm about a steep increase in the number of pro-plastic lobbyists at the UN pollution talks taking place this week.