'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
'Anything to win': Trudeau says as Poilievre defends meeting protesters
Prime Minister Justin Trudeau is accusing Conservative Leader Pierre Poilievre of welcoming 'the support of conspiracy theorists and extremists,' after the Conservative leader was photographed meeting with protesters, which his office has defended.
'My stomach dropped': Winnipeg man speaks out after being criminally harassed following single online date
A Winnipeg man said a single date gone wrong led to years of criminal harassment, false arrests, stress and depression.
Ukraine uses long-range missiles secretly provided by U.S. to hit Russian-held areas, officials say
Ukraine for the first time has begun using long-range ballistic missiles provided secretly by the United States, bombing a Russian military airfield in Crimea last week and Russian forces in another occupied area overnight, American officials said Wednesday.
'One of the single most terrifying things ever': Ontario couple among passengers on sinking tour boat in Dominican Republic
A Toronto couple are speaking out about their 'extremely dangerous' experience on board a sinking tour boat in the Dominican Republic last week.
All Alberta wildfires to date in 2024 believed to be human-caused: province
There are 63 wildfires burning in Alberta's forest protection area as of Wednesday morning and seven mutual aid fires, including one in the Municipal District of Peace.
7 surveillance videos linked to extortions of South Asian home builders in Edmonton released
The Edmonton Police Service has released a number of surveillance videos related to a series of extortion cases in the city now dubbed 'Project Gaslight.'
Suspects waving weapons, smashing glass in Toronto jewelry store robbery caught on video
Arrests have been made after five men were captured on video rampaging through a jewelry store in Toronto, waving weapons and smashing glass display cases.
Bank of Canada officials split on when to start cutting interest rates
Members of the Bank of Canada's governing council were split on how long the central bank should wait before it starts cutting interest rates when they met earlier this month.
New evidence challenges the Pentagon's account of a horrific attack as the U.S. withdrew from Afghanistan: CNN exclusive
New video evidence uncovered by CNN significantly undermines two Pentagon investigations into an ISIS-K suicide attack outside Kabul airport, during the American withdrawal from Afghanistan in 2021.