Memorandum of Understanding on Reconciliation between Canada and Manitoba Metis Federation
Backgrounder
Overview
The Government of Canada and the Manitoba Metis Federation (MMF) have concluded a Memorandum of Understanding (MOU) on reconciliation. The signing of this historic document sets the stage for the parties to advance their exploratory talks on reconciliation in response to the 2013 Manitoba Metis Federation et al. v. Canada decision of the Supreme Court of Canada (SCC).
The Manitoba Metis Federation et al. v. Canada
The SCC released its decision in MMF et al. v. Canada on March 8, 2013. In its decision, the SCC allowed the appeal in part, declaring that: "the federal Crown failed to implement the land grant provision set out in s. 31 of the Manitoba Act, 1870, S.C. 1870,c. 3, in accordance with the honour of the Crown."
The SCC decision is about undue delay in providing the land grants promised to the Métis in s. 31 of the Manitoba Act, 1870. That delay was found to be inconsistent with the honour of the Crown.
The SCC recognized that the outstanding constitutional grievance was a collective claim of the Manitoba Métis Community and granted the MMF standing as the body representing the collective Métis interest.
The Supreme Court issued a declaration to assist the MMF in negotiations with the Crown toward reconciliation and emphasized the need for a meaningful response.
Steps to Advancing Dialogue with Manitoba Metis Federation
In June 2015, Tom Isaac was appointed as Ministerial Special Representative on Metis Engagement. As part of his mandate, Mr. Isaac engaged with the MMF to explore ways to advance dialogue on reconciliation in response to the 2013 SCC decision.
Exploratory discussions between Canada and MMF to further advance a process on reconciliation began on December 11, 2015, resulting in the MOU signed on May 27, 2016.
Memorandum of Understanding on Reconciliation
Under their MOU, Canada and the MMF will continue this important dialogue to find a mutually acceptable path to reconciliation in response to the 2013 SCC decision. The MOU sets the stage for time-limited exploratory talks to see if the parties can find the common ground to move into formal negotiations toward reconciliation.
As a first step, the parties will work together to develop a framework agreement that sets out a process for negotiating a shared solution in the future. The goal is to develop this mutually acceptable framework agreement over the coming months.
Looking Ahead
Much work remains to be done before the parties can begin formal negotiations and start their work and dialogue to develop a proposed solution. Accordingly, it is too early to speculate about what any future negotiated solution might look like.
The interests of third parties will be considered and addressed during the negotiation of any shared solution with the MMF. This will include consultation and engagement with the Government of Manitoba and any potentially affected First Nations.
Canada and the MMF will work together through dialogue and partnership to chart the way forward together. This includes deciding together how best to reach a balanced solution that respects the rights of all concerned and promotes a lasting and meaningful reconciliation for the benefit of the Manitoba Métis Community and all Canadians.
The Government of Canada is committed to working on a nation-to-nation basis, with the Métis Nation to advance reconciliation and reset the relationship, based on cooperation, respect for rights, our international obligations and a commitment to end the status quo.
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