44th Parl. 1st Sess.
October 31, 2023
- 04:05:50 p.m.
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[Witness spoke in Michif]
[English]
I am 17 years old. I have cerebral palsy. I am in grade 12 at St. Thomas Aquinas High School. I am a descendant of the half-breed adhesion to Treaty 3. My ancestors are from the northwestern Ontario Métis community in the traditional territory of Treaty 3—Rainy Lake, Rainy River, Lake of the Woods and Lac Seul. The Métis are a distinct people with our own way of life and language, which is Michif.
My family has strong roots in the northwestern Ontario Métis community. My ancestors were present in the area prior to Canada being Canada. The Métis in region 1 are grounded in our identity with regard to who we are and where we come from as people. I've known my roots and Métis identity since birth. I have become a strong advocate for Métis rights and interests. I was raised within a Métis community, and I've been constantly surrounded by strong regional Métis leaders who've advocated and defended our Métis community. My older sister Katelyne and I have been lucky enough to grow up in our Métis community since birth. My Métis family ensured we knew, understood and protected our Métis identity and way of life. From an infant, I was brought onto the lands and waters of my traditional territory to receive teachings regarding my way of life. Because of this, I am proud of, grounded in and aware of where I come from, who I am and my very Métis roots, as I know them.
My mother Regional Councillor Stenlund has always fought for the rights of the citizens in our area. She taught me that my community is rooted in the facts of history: where our ancestors come from, and our rights, interests and claims. We have these inherent rights.
The Crown knew we were a distinct people in 1871, when the Dawson Route came through my territory. Canada acknowledged the Métis in the community via the 1871 half-breeds of Fort Frances Dawson pay list, on which one of my own ancestors is listed. In 1875, Canada again formally acknowledged the Métis community in northwestern Ontario by signing a treaty with us—a half-breed treaty, a Métis treaty. Canada made promises to our Métis community with our Métis treaty adhesion in 1875.
Bill C-53 is a way for Canada to be honourable and to treat our Métis communities the same way as first nation communities with regard to our being able to govern ourselves. The passing of Bill C-53 is more than just a legislative bill on paper. It’s a way for Canada to treat us equitably and to acknowledge that Métis already govern ourselves. The passing of Bill C-53 is an opportunity for Canada to finally and formerly acknowledge our right to internal governance and authority over our citizenship, election processes and Métis child and family services.
I shared my story because I personally believe it's important for Canada to acknowledge and respect us. Our communities will have this legislation acknowledging us. How I was raised should not be compromised. My mom and the MNO should not have to continually stand up for and defend the citizens and our communities. I strongly believe Métis self-government will help us maintain our way of life and allow us to govern ourselves in the Métis way, for all of our future descendants. This is reconciliation in action.
I implore you all to realize the significance of what you are voting on. Think of how you can impact Métis families, communities and our way of life. Our citizens and future generations should not have to turn to the courts to defend our people and communities. Canada needs to act swiftly. This is your opportunity to pass this legislation to acknowledge our right to self-government.
Thank you all. Kawapamitin.
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- 04:11:16 p.m.
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Thank you.
Before I start, I want to say how proud I am of Hayden. I've known Hayden since he was a very young man, and he does make my heart big.
Good afternoon. My name is Melanie Omeniho. I'm the president of Women of the Métis Nation-Les Femmes Michif Otipemisiwak.
I'd like to acknowledge that I'm joining you today from Treaty 6 territory, the motherland of the Métis nation.
Les Femmes Michif Otipemisiwak is the national Métis women's organization. It's democratically mandated to represent Métis women across the Métis nation motherland. LFMO plays a significant role in enhancing the social, cultural, economic, environmental and leadership space occupied by Métis women. We influence public policy and decision-making related to rights, priorities, concerns and aspirations of Métis women within the Métis nation and the Canadian government.
I'm here today speaking in favour of the passing of Bill C-53. Having reviewed the proposed bill, I'm heartened to see that, after the signing in 2019 with Canada and the Métis governments of Alberta, Saskatchewan and Ontario, the relationship will be formalized by way of the passing of Bill C-53.
Métis people have long been seen as the “free men”. The Cree people gave us the name of “Otipemisiwak”: the people who governed and owned themselves.
This bill recognizes and acknowledges that Métis people have the right, based on section 35 of the Constitution of 1982, to actualize self-government. By way of law, this will further define that Canada will interact with the specified Métis governments, recognizing their right to self-govern.
This bill does not deal with land or land rights, as may have been heard through media. It speaks solely to the internal governance structures of the Otipemisiwak-Métis government, the Métis Nation of Saskatchewan and the Métis Nation of Alberta. It does not impact on other indigenous peoples or other people who are Métis who are seeking their own rights.
The bill recognizes the authority with respect to governance, operations and things like child and family services. Further, Bill C-53 speaks to our self-determination on who is Métis. This bill has no adverse impacts on other indigenous peoples. Métis rights are not subordinate to the rights of other indigenous peoples. There is no hierarchy of indigenous rights. This fact is spoken about within the Royal Commission on Aboriginal Peoples and even in the Supreme Court of Canada in the Powley decision.
With several recent examples of the swift passing of government bills on other indigenous nations, I would expect that there would be no impediment to the swift passing of this act.
Article 4 of the United Nations Declaration on the Rights of Indigenous Peoples states:
Indigenous peoples, in exercising their right to self-determination, have the right to autonomy or self-government in matters relating to their internal and local affairs, as well as ways and means for financing their autonomous functions.
Further, the United Nations Declaration on the Rights of Indigenous Peoples Act states:
Whereas the Government of Canada recognizes that all relations with Indigenous peoples must be based on the recognition and implementation of the inherent right to self-determination, including the right of self-government;
Bill C-53 is simply validating what the Government of Canada has already committed to in its relationship with indigenous peoples. We speak strongly in favour of the work and look to offer our support with ongoing Métis gender-based intersectional analysis through the implementation of Bill C-53. It will take everyone's collective efforts to make this process a success and to empower this historic bill to be a driving force to advance reconciliation in Canada.
I look forward to joining with our other Métis nation leaders to ensure the swift passing of this bill supporting the Métis nation of governments and advancing our reconciliation.
Thank you.
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- 04:15:57 p.m.
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Thank you, Chair and members of the committee.
I'm Jordyn Playne, president of the Métis Nation of Ontario youth council and the youth representative on the provisional council of the Métis Nation of Ontario.
I'm a descendent of Marguerite Dusome of Penetanguishene, a historic community along the shores of Georgian Bay. My community has a rich and long history of self-governing Métis people. We are rights-bearing community members of the Métis community of Georgian Bay under section 35 and have an inherent and constitutional right to self-government.
My Métis ancestors were forced off their lands, but always maintained their community around the upper Great Lakes. Today we celebrate our heritage through vibrant community councils, gatherings, youth cultural programming, Métis music and art and our traditional ways of life. We also celebrate the stories that connect first nations and Métis people. It is essential that we remember our shared history and the waters of Georgian Bay that hold the spirit of our ancestors. They continue to inspire us today.
That said, since the introduction of this legislation, misinformation has been spreading about Métis communities, driven by some Métis and first nations leadership. As a result, Ontario Métis students and young people are now living in fear of online misinformation and being subjected, at some points, to harassment at school.
It is not that Métis youth are questioning our identity. We are strong in our connections to our community and to our culture. It is our youth, like Hayden Stenlund, who spoke previously, who are continuing to pick up the fight of our ancestors to ensure that future generations find themselves better off than we are today.
This new-found concern stems from those who seek to undermine our very existence and leaves us wondering—and anxious—whether tomorrow might bring more hurtful accusations, and questioning how we can respond to this lateral violence.
While the Métis have always faced prejudice, our generation grew up at a time when Métis rights were affirmed by the Supreme Court of Canada. For the past 20 years, we have had rights recognition that was denied to our ancestors. In some cases, even instructors and professors are attacking Ontario youth on social media. In other cases, Métis young people are being bullied at school.
This is having a negative psychological impact on Métis youth. We cannot allow political division to damage the relationships between the first nations and Métis people in what is now Canada. As we all work together to walk the path of reconciliation together, we need to focus on the common ground we share.
We found plenty of this, on issues such as climate change, education, equitable access to health care and the need to take action on missing and murdered indigenous women and girls, but we must also support one another in advancing our respective self-governments.
Bill C-53 will not only empower Métis governments to protect Métis children and families in the welfare system but also ensure that Métis youth get a real say in the programs and services provided by our Métis governments.
Bill C-53 will allow youth to have a voice. It will empower our young people to be in the dialogue with our Métis leadership and uplift our voices around shaping the laws and policies of our Métis government. It provides us with the autonomy to ensure that our people are taken care of in a way that is respective and representative of our own culture and ways of knowing. This legislation is truly reconciliation in action, and it enshrines in law the section 35 rights that our people were promised many years ago.
My ancestors and past leadership have fought for our right to self-govern and determine our collective paths forward. We have a historic opportunity to finish the work of our ancestors and build a Métis government that is rooted in our ways of knowing, being and culture. My Métis ancestors started to paddle the canoe forward in our journey towards self-government, and it is now the responsibility of Canada and our leadership to safeguard this journey for future generations.
I ask for your support of Bill C-53 to ensure not only that the people of today have protected rights of self-government but also that my children, my children's children and future generations are self-governing Métis people.
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- 04:36:28 p.m.
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What impact would Bill C‑53 have on Métis youth?
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- 04:42:09 p.m.
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[Member spoke in Inuktitut, interpreted as follows:]
Thank you, Mr. Chairperson.
Thank you to the witnesses. It is always a pleasure to hear what you have to say and to hear the youth as well. The young man delivered his speech really well.
Theresa, I am so proud of your son. Although he is still going to high school, he is already showing signs of leadership.
I want to ask every one of you if you can respond to my question.
If Bill C-53 is passed, in Alberta, Ontario and Saskatchewan, when the Métis have their own government, when you have self-government, you will be able to pass bylaws. What kind of legislation would you like to see in the constitution? As a self-governing people in Ontario, Alberta and Saskatchewan, what kind of legislation would you like to see for Métis to be able to govern themselves?
[English]
What kinds of laws would you like those self-governing nations to make? We're assuming that by having self-government that will naturally lead to those self-governments making laws. What kinds of laws would you like to see those nations making that will have impacts on Métis peoples in each of the nations that will be impacted?
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- 04:54:12 p.m.
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My name is David Paul Achneepineskum. I'm the Matawa chief executive officer. I'm also a member of Marten Falls First Nation.
I am presenting today on behalf of Matawa First Nations management and the Matawa chiefs council. There was very limited advance notice of these standing committee hearings, with only a few hours given to confirm our participation here today, but we are here.
The Matawa chiefs council represents the nine first nations of Aroland, Constance Lake, Eabametoong, Ginoogaming, Long Lake #58, Marten Falls, Nibinamik, Neskantaga and Webequie. The Matawa First Nations has a population of 10,864 as of March 2023.
The Matawa traditional territories and homelands are known around the world as the Ring of Fire region, Canada's and North America's emerging lone source of chromite and other critical minerals—nickel, gold and silver—that will be required to reposition Canada and its allies in the new green economy.
On June 21, 2023, the day Bill C-53 was introduced and referred at second reading [Technical difficulty—Editor] the Matawa chiefs council issued a letter to the Governor General of Canada, Her Excellency the Right Honourable Mary Simon, calling on her to respond to protect the rights and interests of our first nations.
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- 04:58:45 p.m.
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Matawa is formally submitting this letter to the standing committee.
On Thursday, October 26, the standing committee heard testimony from the Métis nations of Ontario, Saskatchewan and Alberta that Bill C-53 only impacts the Métis people, and there is no trigger of the duty to consult with first nations on this proposed legislation.
It is the Matawa position that the Métis nations are not the consent providers of our peoples, nor are they appropriate legal advisers to be providing such high-level legal determinations and advice to your committee. In this irresponsible capacity, the Métis nations are acting as enforcers of colonial mechanisms and court decisions in their own interests.
Canada has not informed first nations of the impacts of Bill C-53.
Bill C-53, in clause 8, “Recognition”, raises the Métis nations to the definition of “Indigenous governing body”. It is the Matawa position that the Métis, specifically in Ontario, are not the constitutional equals of the original inhabitants of this land—a role held only by first nations and Inuit.
The Matawa chiefs council recommends to the standing committee that a formal analysis be conducted by the Department of Justice as to the impacts of Bill C-53 on the section 35 rights of the land-rights holding indigenous consent providers in Canada—the Inuit and first nations that are treaty, non-treaty or modern treaty rights holders.
It is the Matawa position that Bill C-53 will impact our section 35 aboriginal and treaty rights, including aspects of community governance, traditional jurisdictions, lands and resources.
The Matawa chiefs council submits to the standing committee the Métis Nation of Ontario's zone map, which is publicly available on its website. As shown on the map, the Métis Nation of Ontario publicly makes unsubstantiated claims to the James Bay Treaty No. 9 boundaries and the rich traditional territories of the Matawa member first nations.
The Matawa chiefs council also recommends that the Department of Justice, Department of Crown-Indigenous Relations and Northern Affairs, and Indigenous Services Canada provide an impact analysis or definition on the parameters for the term “distinctions-based approach”. Bill C-53 will eliminate the distinctions-based approach between first nations, Inuit and Métis that has previously been a safeguard to distinguishing and protecting the established land rights and interests of first nations and the Inuit peoples of Canada.
Our land and resources rights, all current codeveloped legislative initiatives on policing, health, family and child welfare, and the upcoming negotiations of the United Nations declaration act will be impacted by Bill C-53.
Another ignored impact of Bill C-53 will be in the Impact Assessment Act, which has been successfully challenged by Alberta as unconstitutional.
It is the Matawa position that the list of impacts of Bill C-53 on the first nations of Canada has been minimized and ignored.
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- 05:03:16 p.m.
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In closing, this Liberal government is engaging in irresponsible Crown legislative conduct by advancing Bill C-53. What we are witnessing in Canada is pitting first nations against Métis people to protect the section 35 rights and interests of our children and future generations.
Meegwetch.
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- 05:03:48 p.m.
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I want to thank the committee members for giving us, from the Confederacy of Treaty Six in western Canada, a chance to address some issues related to Bill C-53.
I am a treaty chief from the Frog Lake Cree Nation, which is part of Treaty No. 6. Our ancestors entered into a peace and friendship treaty with the British Crown in 1876 to allow her subjects to live in our territories. It is important for us to stress that we never gave up our lands and resources. Our ancestors allowed the Crown's subjects to live in our territories, not to own them.
We will have prepared a written submission for the committee. I will not read it, but will speak to a few points and leave time for questions.
This is a Liberal government bill. It is not a bill based on the consent of the treaty peoples. We have to remember that Parliament controls this bill. In the future, if you want to change, amend or repeal the legislation, it is the right of Parliament. Our treaty rights are not controlled by Parliament.
We have noted that there is no implementation plan. How is the government going to reconcile conflicting interests? We ask these questions coming from Alberta.
We are going to raise an issue that is unique to Alberta. The Government of Alberta, during the 1930s' worldwide depression, created eight unique Métis settlements. The Province of Alberta set aside lands for Métis for their use. These settlements are not part of the Métis Nation of Alberta's constitutional structure. However, the constitution does contain language that, if the Métis settlements in the near future want to be part of the Métis Nation, they can negotiate their way into the Métis government. This is set out in chapter 19 of the constitution, with a very strange clause stating that the Métis settlements would continue as created by Alberta.
In effect, the federal legislation would create another structure of Métis within Alberta. One would be recognized by the province and one recognized by the federal government. The situation is really setting up a future conflict of laws. The Alberta legislation clearly states that anyone who is recognized by federal legislation is not entitled to be a member of the Métis settlement. There are a number of court cases that have reached the same conclusion.
We are wondering what the Alberta government has told the members of the committee about the apparent conflict. If the province has occupied the field under section 92, what is the federal jurisdiction going to do? How do industry and other agencies react when consultation is required? Does industry follow the federal definition of Métis as set out in the Supreme Court of Canada decision in Powley, or does industry follow the Province of Alberta's definition as set out in Alberta law?
Does Bill C-53 override any provincial legislation? If it does, then the legislation should be clear.
We have a number of questions.
First, if the process is based on the right of free, prior and informed consent, how does the government determine those criteria?
Second, the Province of Alberta does not appear to have been engaged in this legislation process. How is the federal government going to reconcile the two separate definitions of Métis? Who will decide?
Third, Canada appears to be creating chaos rather than reconciliation. The chiefs in Alberta issued a statement on Bill C-53, which is attached to our presentation. It says that the chiefs of Alberta call on the federal government to abandon this bill that they perceive as “ill-conceived and divisive”. The honour of the Crown is not upheld when Canada creates legislation that disregards our treaties. The inherent and treaty rights guaranteed to our people are not subject to change or renegotiation. That must be upheld for as long as the sun shines, the grass grows and the rivers flow.
As sovereign nations, our chiefs are standing up for our treaties and for our future generations. We cannot allow Bill C-53 to create a precedent for revisiting and undermining treaty agreements and the treaty rights they guarantee.
We commend this to the members to read.
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- 05:13:41 p.m.
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No. First of all, we do not support Bill C-53. Therefore, we're not going to recommend any amendments to it at all. As our friend from Treaty 6 stated, we are the rightful landholders. We inherited the land from our ancestors. That's the way we would like to keep it.
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- 05:21:04 p.m.
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As far as I am concerned, this legislation, Bill C-53, does not define who the Métis are. It seems to me that the Métis Nation of Ontario defined who their own members are. Whereas, as indigenous status people, we are defined within the legislation under the Indian Act. That defines us, so it's a free-for-all as far as I can see in this Bill C-53. Anybody can claim to be a Métis.
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- 05:22:30 p.m.
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Thank you, Mr. Chair.
Thank you to the witnesses for being here today.
My question is for both witnesses. The passage of Bill C‑53 could undermine current efforts to advance reconciliation with first nations. What do you make of that?
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- 05:24:13 p.m.
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I certainly agree with that.
Reconciliation is being set back under this legislation, and trust is going to be lost. It's so unfortunate, but it seems to me that it's underhanded of the Liberal government to try to force this upon us as first nations. Certainly reconciliation, as far as I am concerned, is dead because of the introduction of Bill C-53.
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- 05:26:00 p.m.
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About two weeks ago, Mr. Desjarlais, you met with Minister Anandasangaree to express your opposition to Bill C‑53, among other things. You urged the minister to go back to the drawing board and carry out proper consultations.
What should those consultations look like?
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- 05:34:44 p.m.
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Thank you, Mr. Chair.
I want to thank the witnesses for being here. I'm going to go to Mr. Desjarlais first.
What do you think this bill puts in place? It's not necessarily clear to me. There seems to be several levels of government. You have a treaty partner. On the indigenous side, you have the AFN, and then you may have something down to, say, a community association.
The Government of Canada wants to enter into a relationship with a number of bodies across the country here. Where would you peg Bill C-53, placing the Métis Nation of Alberta, for example, in that hierarchy of self-government?
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- 05:39:11 p.m.
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We are fairly off topic from the intent of this meeting, which is to study Bill C-53.
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- 05:47:17 p.m.
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Thank you, Mr. Chair.
Mr. Desjarlais, you said that Bill C‑53 would create two tiers of governments.
Do you think the interests of first nations and the claims of Métis have to be at odds with one another?
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- 05:48:00 p.m.
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What position would you have taken had you been consulted on Bill C‑53 beforehand?
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- 05:51:43 p.m.
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No, we didn't create the issue with the Métis. Within the Indian Act...infant tribesmen, women losing status when they married a non-indigenous person. That's where the Métis issue came about within our area.
It's up to Canada to resolve this Métis issue in another way, but don't use first nations again. You're putting the fault on first nations if this Métis Bill C-53 does not come about. We're not the ones at fault. It's the Government of Canada, and you have to resolve it yourself.
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