Representing the rights and interests of Métis, Non-Status and Status Indians living off-reserve throughout Ontario BY EMAIL December 7, 2015 The Honourable Kathleen Wynne, MPP Premier Government of Ontario Queen’s Park Legislative Building, Room 281 Toronto, ON M7A 1A1 Dear Premier Wynne: Re: Bill 153 - An Act to recognize the corporate structure of the Métis Nation of Ontario by enacting the Métis Nation of Ontario Secretariat Act, 2015 The Ontario Coalition of Aboriginal People (OCAP) has been a strong supporter of the Liberal Party both federally and provincially. We are truly appreciative of the efforts your government has made to bring an end to discrimination and disrespect towards Aboriginal peoples, and in particular towards non-status Indians and Métis. I am writing you to express our deep concerns about Bill 153. Should this bill become law in Ontario, it will open a Pandora’s box of counterproductive practical and legal difficulties. Rather than strengthening the relationship between Ontario and Métis peoples, this legislation would enhance the mistaken viewpoint that membership in the Métis Nation of Ontario (MNO) is the only way to establish legal personality for the purpose of exercising Métis constitutional rights. The MNO employs narrow criteria for membership and restricts the definition of Métis to those individuals who are descended from the “Historic Métis Homeland.” In effect, the imposition of these restrictive concepts is reflective of those that the federal government imposed on Indians via the Indian Act. The claim in Ontario’s Bulletin that the MNO has a “unique democratic nature” is political exaggeration and degrades the credibility of the relationship between Ontario and Métis peoples. The claim by MNO that it is “the government of Metis people in Ontario” is a grand lie and MNO has no mandate to negotiate with the Crown concerning our inherent rights to self-government and selfdetermination. The Preamble of Bill 153 makes claims that are historically unfounded and that are purely political in nature: The citizens of the Métis Nation of Ontario identify as descendants of the Métis people that emerged in west central North America with their own language (Michif), culture, traditions and way of life. These Métis people collectively refer to themselves as the Métis Nation, which includes Métis communities within Ontario. The noted historian David Hackett Fischer has written objectively about Métis in Canada: Champlain actively encouraged the intermixing of French and Indians. Within his lifetime, the children of these mixed unions began to be called “Métis,” a term that was recorded as early as 1615. [emphasis added] (Champlain’s Dream pg. 510) Red River was not the only homeland for Métis despite the political rhetoric from Métis National Council and the MNO. We support the view of Alan Knight and Janet Chute of the Canadian Historical Association: The definition used by the MNC [Métis National Council], like those developed in the nineteenth century, is based on temporal, financial, and political expediency of individuals, groups and governments. It is an attempt to distinguish the Western Métis from other Métis in Canada. In the R. v. Powley Supreme Court of Canada decision handed down in 2003, the Court noted there may be more than one Métis peoples in Canada. This statement supports our view that there is a lack of knowledge and understanding of Métis peoples and our rights, given the regional variations and diversity. Bill 153 is an example of an initiative that would create two categories of Métis organizations in Ontario: the MNO falling under an Act to recognize the corporate structure of the Metis Nation of Ontario by enacting the Metis Nation of Ontario Secretariat Act, 2015; and the Ontario Coalition of Aboriginal People falling under Ontario’s Not-for-Profit Corporations Act. In Daniels v. Canada, our national organization, Congress of Aboriginal Peoples (CAP), is seeking a declaration from the Supreme Court of Canada, that Métis and Non-Status Indians are Indians under subsection 91(24) of the Constitution Act, 1867. In addition, CAP is seeking that: Canada must negotiate and consult with the Métis and Non-Status Indians, on a collective basis, thorough representatives of their choice, with respect to their rights, interests and needs as Aboriginal peoples. We are looking to Ontario to do the same; to negotiate and consult with us through representatives of our choice. If Bill 153 becomes law, it will be a source of fragmentation and conflict within the Métis peoples of Ontario. It has already created chaos among Métis peoples in the province: those within MNO; and those who choose to belong to other organizations. The hard fact to consider is that no consultation took place concerning this proposed legislation and its potential impact on Métis people in Ontario. Premier Wynne, please withdraw Bill 153. Yours sincerely, Brad Maggrah President Box 189, Wabigoon, Ontario P0V 2W0 Tel: (807) 938-1321 Fax: (807) 938-1275 Email: ocapprez@gmail.com 3