Mr. Speaker, through the February 2023 Métis Self-Government Recognition and Implementation Agreement, or the 2023 agreement, Canada has recognized that the Métis Nation of Ontario, or MNO, is a Métis government and is authorized to act on behalf of its Métis collectivity.
The Métis collectivity is comprised of Métis individuals who are citizens, namely those who have chosen to register, have been found to meet the Powley criteria, and registered in the register for the MNO; and the Métis communities it represents. Further, through the 2023 agreement, Canada recognizes that this Métis collectivity has mandated the MNO as the indigenous government responsible for representing and advancing its section 35 rights. Canada has not recognized specific communities.
In the 2003 R. v. Powley decision, the Supreme Court of Canada, or SCC, confirmed the existence of Métis rights under section 35, and in paragraph 38 it confirmed that the Métis have “full status as distinctive rights-bearing peoples.” The SCC also recognized, in paragraph 53, that “[m]embers of the Métis community in and around Sault Ste. Marie [in Ontario] have an Aboriginal right to hunt for food under s. 35(1).” The Métis community in and around Sault Ste. Marie is one of the historic Métis communities represented by the MNO.
In 2013, the Senate Standing Committee on Aboriginal Peoples released a report on the Recognition of Métis Identity in Canada, “The People Who Own Themselves,” in which the Committee acknowledged that “the identity of Canada’s Aboriginal peoples is a matter for peoples themselves to determine.” The report notes the need for practical solutions to legal and policy challenges respecting Métis identity and “self-identification.”
This recommendation is consistent with the 2016 report, “A Matter of National and Constitutional Import: Report of the Minister’s Special Representative on Reconciliation with Métis: Section 35 Métis Rights and the Manitoba Métis Federation Decision”:
“[I]t is in the public interest to have Métis governments and institutions having objectively verifiable mechanisms and processes to determine Métis in accordance with Canadian law for the purposes of Section 35. … While determining who is Métis for the purposes of Section 35 is not as straightforward as making an inquiry to the Indian Registrar, the SCC has set out the test for determining who is Métis for the purposes of Section 35.”
Following these SCC decisions and related reports, Canada established a Recognition of Indigenous Rights and Self-Determination, or “RIRSD”, table with the MNO in 2016 and began engaging in exploratory discussions toward self-government.
First, section 35 Métis rights were recognized by the courts: the Supreme Court of Canada decision in Powley recognized a Métis community near Sault Ste. Marie; Ontario courts upheld the ON-MNO Métis Harvesting Agreement in the 2007 Laurin decision.
The Powley decision continues to be the Supreme Court’s only consideration of Métis rights protected by section 35, and sets out what is required, namely the legal test, to prove the existence of a Métis community with rights under section 35 of the Constitution Act, 1982.
According to the judicial notice of organization, the MNO was granted intervener status in a number of section 35 rights-based cases.
Based on the analysis of historic communities, to help guide its response to the Powley decision, the Department of Justice launched 15 research projects on the development of historic mixed-ancestry communities in several parts of the country, including Ontario.
According to the provincial recognition of section 35 rights, while Ontario has recognized seven historic Métis regional communities to inform provincial policy approaches, Canada has not recognized specific communities.