Treaty Five Territory, Thompson, MB – The Manitoba Keewatinowi Okimakanak, Inc. (MKO) disputes the claim made by Manitoba Metis Federation President David Chartrand, as reported in the media, that the Red River Métis have rights that are “equal” to the Treaty and twice-constitutionally protected rights of First Nations and to those of Inuit that are recognized and affirmed under Section 35 of the Constitution Act, 1982.
These comments by President Chartrand are factually and legally misleading. Any aboriginal rights of Métis persons that may be proven under the Supreme Court’s tests in R. v. Powley are simply not equivalent to the Treaty rights of First Nations, nor are they afforded equal protection under Canada’s Constitution. First Nations have twice constitutionally protected Treaty rights that arise from solemn nation-to-nation Treaties with the Crown and carry distinct legal obligations of the Crown. These obligations of the Crown establish priorities and protections of the rights of First Nations that cannot be equated with any proven aboriginal rights of Métis persons.
This distinction has been expressly articulated by the Supreme Court of Canada in R. v. Blais (2003) which states that Paragraph 13 of the Manitoba Natural Resources Transfer Act, 1930 applies exclusively to the “Indians of the Province” in order to secure to them “the continuance of the supply of game and fish for their support and subsistence” and protects the right “of hunting, trapping and fishing game and fish for food at all seasons of the year” as a matter of priority. The Supreme Court of Canada further articulated in paragraph 33 of R. v. Blais that:
The stark historic fact is that the Crown viewed its obligations to Indians, whom it considered its wards, as different from its obligations to the Métis, who were Its negotiating partners in the entry of Manitoba into Confederation.
MKO also supports the position previously taken by the Swampy Cree Nation Tribal Council (SCTC) in April, 2024 which refutes that the MMF has any claim to hunting rights within the territories of the SCTC First Nations which entered into Treaty No. 4. MKO supports the similar position of the Nisichawayasihk Cree Nation (NCN) which has also refuted any claims of a rights-holding Métis community which meet the Powley tests within NCN’s traditional territory.
In 2005, the Minister of Natural Resources made a commitment to the MKO Chiefs-in-Assembly that Manitoba would consult with the MKO First Nations about the recommendations of the Powley Implementation Committee. Those recommendations ultimately informed the final conditions of the September 29, 2012 “Manitoba Government-Manitoba Metis Federation Points of Agreement on Metis Harvesting in Manitoba” that is referred to by President Chartrand in media reports. Contrary to this commitment, Manitoba never consulted the MKO First Nations before developing and signing the Manitoba-MMF “Points of Agreement.” The Provincial Government’s failure to consult the MKO First Nations has undeniably affected our Treaty rights and our constitutionally-protected right of top priority to the allocation of game and fish.
On August 9, 2024, MKO stood in solidarity with SCTC and NCN and called on the Province of Manitoba to immediately terminate the Manitoba-MMF “Points of Agreement” and to suspend the map of Recognized Areas for Métis Natural Resource Harvesting. MKO called on Manitoba to apply the Powley tests to confirm whether any historic Métis communities had established exclusive harvesting areas within First Nation territories during the relevant rights-bearing period after European contact and prior to the Manitoba Act, 1870.
Following the joint call by MKO, SCTC and NCN, on September 24, 2024 and for a second time, the Minister of Natural Resources made a commitment to consult the MKO First Nations regarding the 2012 Manitoba-MMF Agreement. To date, MKO continues to await a detailed response from Manitoba. MKO is again calling on Manitoba to honour its commitments to engage in meaningful consultation with the affected MKO First Nations.
Chief Elwood Zastre of the Wuskwi Sipihk Cree Nation said: “I am deeply concerned by ongoing attempts by MMF to portray Métis and First Nation rights as being ‘equal’ when the courts have repeatedly recognized that First Nations hold distinct rights with distinct legal foundations. Our people secured Treaty promises more than 150 years ago to sustain our Nations, and we have a responsibility to ensure those rights are not diluted, misrepresented, or negatively impacted by decisions made without our involvement. Manitoba has made commitments to consult us on matters that directly affect our harvesting and Treaty rights, and we expect the Province to honour these commitments. We are not questioning anyone’s identity, but we are insisting that the laws of Canada be respected, that the facts be clear, and that First Nations rights holders have a meaningful voice in decisions affecting our rights, our territories and our way of life.”
Chief Nelson Genaille of Sapotaweyak Cree Nation stated: “There is no pan-Indigenous right under s. 35 of the Constitution Act, 1982. The Supreme Court of Canada has been clear that s. 35 rights are generative, arising from the distinct histories, cultures, and relationships to the land, and are recognized through legal tests developed and applied by the courts. The courts have consistently recognized that First Nations, Inuit, and Métis rights are distinct in both their source and scope, and cannot be collapsed into a single, generalized Indigenous right. First Nations rights cannot continue to be abstracted through political rhetoric that ignores established constitutional and jurisprudential frameworks.”
Chief David Monias of Pimicikamak Cree Nation said: “The MMF fails to understand that Treaties are far more than a vehicle to deliver rights, they are living, enduring nation-to-nation agreements that affirm and protect the ways of life First Nations have practiced since time immemorial. These Treaty relationships carry sacred responsibilities, reciprocal obligations, and commitments that pre-date Confederation and continue to this day. The MMF cannot simply append itself to these Treaties or the rights they protect through unilateral political assertions; to do so disregards the sacred foundations of the Treaty relationship and the obligations that flow from it. As Treaty Commissioner Alexander Morris observed, the Métis cannot ‘take with both hands’, simultaneously claiming the benefits of a distinct identity while seeking to appropriate rights that arise from Treaties to which the Métis were not parties.”
Chief Angela Levasseur of Nisichawayasihk Cree Nation stated: “For twenty-one years we have been waiting for the Crown to consult with us about implementing the Powley decision. For years, as Chief, I have articulated my expectations that the agreement be terminated and subjected to consultation. The Government of Manitoba must honour its commitments and meet with First Nations. Our future generations demand no less.”
MKO will continue to defend the Treaty rights of our member First Nations. MKO insists that Manitoba fulfill its commitments to meaningfully consult First Nation rights-holders and to ensure that the September 29, 2012 Manitoba-MMF “Points of Agreement” does not further derogate from Manitoba’s obligation to uphold the faithful implementation of the Treaties. Constructive affirmation of the principles of reconciliation requires governments to uphold the Honour of the Crown, recognize the unique and distinct rights of First Nations, and ensure that no agreement entered into by the Province of Manitoba diminishes or undermines our rights secured through the Treaty-making process. MKO remains committed to working with our First Nations, Tribal Councils, and Treaty partners to protect our lands, resources, and way of life for future generations.
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Manitoba Keewatinowi Okimakanak Inc. (MKO) is a non-profit, political advocacy organization that has represented 26 First Nation communities in Manitoba’s North since 1981. The MKO represents more than 72,000 First Nations people.
