Métis celebrate historic Supreme Court land ruling
Manitoba Métis Federation sought declaration of government's failure to implement 1870 land deal
CBC News
Posted: Mar 8, 2013 10:05 AM ET
Last Updated: Mar 8, 2013 10:28 PM ET
Canada's Métis are celebrating a Supreme Court ruling that found the federal government failed to follow through on a promise it made to the Métis people over 140 years ago.
A legal challenge by the Manitoba Métis Federation sought recognition for the treatment of its people after the 1870 government land deal that ended the Red River resistance.
The 6-2 ruling in Canada's highest court declared that "the Federal Crown failed to implement the land grant provision set out in s.31 of the Manitoba Act, 1870 in accordance with the honour of the Crown."
The federal government "acted with persistent inattention and failed to act diligently," the ruling explains, adding that it "could and should have done better."
"This was not a matter of occasional negligence, but of repeated mistakes and inaction that persisted for more than a decade," it says.
Writing the reasons for the majority decision, Chief Justice Beverley McLachlin and Justice Andromache Karakatsanis outlined lasting effects of the federal government's failure to honour obligations dating back 140 years.
"So long as the issue remains outstanding, the goal of reconciliation and constitutional harmony, recognized in s. 35 of the Charter and underlying s. 31 of the Manitoba Act, remains unachieved. The ongoing rift in the national fabric that s. 31 was adopted to cure remains unremedied," they wrote.
"The unfinished business of reconciliation of the Métis people with Canadian sovereignty is a matter of national and constitutional import," the ruling says.
Justices Marshall Rothstein and Michael Moldaver dissented from the majority view.
Negotiations now likely
The ruling ends three decades of legal challenges brought by the Métis against the federal government.
Friday's decision has not ordered any particular remedies, but it could open the door to land claim negotiations or talks toward other forms of compensation from the federal government.
The Métis argued that Ottawa reneged on its promises under the Manitoba Act, which created the province and brought it into Confederation.
The Manitoba Act, made in 1870, promised to set aside 5,565 square kilometres of land for 7,000 children of the Red River Métis. That land includes what is now the city of Winnipeg.
The land transfer to the Métis outlined in the Act was to be a "concrete measure" to reconcile with the Métis community, the ruling agrees, calling its "prompt and equitable implementation... fundamental."
The land grants were meant to give the Métis a head start in the race for land in the new province, and that meant the grants had to be made while a head start was still possible, the justices wrote. "Everyone concerned understood that a wave of settlement from Europe and Canada to the east would soon sweep over the province."
The land deal was made in order to settle the Red River resistance, which was fought by Métis struggling to hold onto their land amid growing white settlements.
However, it took 15 years for the lands to be completely distributed, while the Métis faced hostility from large numbers of incoming settlers.
Lower courts found in federal government's favour
The federal government ultimately distributed the land through a random lottery, destroying the dream of a Métis homeland.
"Section 31 conferred land rights on yet-to-be-identified individuals – the Métis children," the ruling says. "Yet the record leaves no doubt that it was a promise made to the Métis people collectively, in recognition of their distinct community. The honour of the Crown is thus engaged here."
In 2010, the Manitoba Court of Appeal upheld a lower court ruling that found the federal government did not violate its duty to the Métis.
The case then went to the Supreme Court of Canada, where lawyers for both sides presented their arguments in December 2011.
The Métis federation requested a declaration that the constitutional agreement was not upheld.
Federal lawyers argued that the case should be thrown out because it is more than a century old. They also said Ottawa didn't actually violate its side of the agreement.
Métis overjoyed
Manitoba Métis Federation President David Chartrand said the ruling provides the vindication the MMF has been fighting for for years. He said he had been fielding emotional phone calls all morning.
“Such pride at home right now, and tears are being shed. They’re crying and they’re phoning,” Chartrand said.
“They can’t even talk on the phone properly because there’s so much joy at home right now.”
Chartrand said it is now time for the group to sit down and negotiate with the government of Canada. He said they have no interest in land but believes they should be compensated for what they have lost.
“Our country did not give us any kind of credence and respect and felt they just could take whatever they wanted, and today our justice system is saying, ‘No, you can’t. You were wrong. Now fix it,’” said Chartrand.
Winnipegger John Morrisseau is a descendant of the original Red River settlers. He said the ruling not only helps right a historical wrong but makes him optimistic for the future of government-Métis relations.
“It’s kind of put a different turn to it. So now, the government’s going to have to look at us a little different when we go to the table to negotiate,” said Morrisseau.
Chartrand said the negotiations are long overdue and added insight from Louis Riel, who spoke of the relationship between the federal government and the Métis during the Red River resistance.
"He said there were two societies with treaty together. One was small but in its smallness had its rights. The other was great but in its greatness had no greater rights than the rights of the small. You know, how more fitting can that be today?”
Historians, politicians laud decision
Manitoba historian Philippe Mailhot studied the 1870 negotiations between the Métis and the federal government and said he's pleased with the ruling.
“My reaction is extremely positive because what was said to the delegation from the Red River Settlement in terms of the distribution of land was not what actually happened,” said Mailhot.
Karen Busby, a professor of law at the University of Manitoba, was shocked by the decision, which she says will have major implications.
“This is an absolutely groundbreaking decision,” said Busby.
“The Manitoba Métis Federation and the individual plaintiffs lost on every point at the lower courts, and now, before the Supreme Court of Canada they’ve won on the most important point.”
MP Jean Crowder is the NDP’s aboriginal affairs critic. In a statement issued Friday afternoon, she said it was regrettable the federal government did not negotiate a settlement on the issue before the ruling was handed down.
Crowder said the federal government must now negotiate with the Métis in “good faith.”
Chartrand said after 140 years of waiting, a prompt response from the federal government is necessary.
“I think the onus is on Canada now to do the right thing now, quickly,” he said. “I think this prime minister will sit down with us. It’s my message to him: I’m expecting we should sit down."
The government of Canada issued a statement Friday saying it is reviewing the ruling.
Share Tools
Tories to invoke closure on 'superclosure' motion to curb debate, extend sitting hours by Kady O'Malley May. 22, 2013 9:18 AM Move to cut off debate could spark opposition to mount procedure-based protest against proposal to keep the House fires burning until midnight until June
Top News Headlines
- Standing room only for Tim Bosma memorial
- It's standing room only at the memorial for Timothy Bosma in Hamilton today. 1,000 chairs were filled an hour before the memorial was set to start. Bosma is the Hamilton man killed after taking two strangers on a test drive in a truck he had listed for sale online. CBCNews.ca will livestream the event starting at 11 a.m. ET from Carmen's Banquet Hall where Bosma was married just three years ago.
more »
- Video forensics: How easy would it be to fake a Rob Ford video?
- Two media outlets reported last week that they had seen a cellphone video of Mayor Rob Ford allegedly smoking crack, a claim that has gone global. If a video does surface, how easy would it be to determine its authenticity? CBC News asked video forensic analyst David McKay. more »
- Oklahoma residents begin to return home after deadly tornado
- Rescue workers raced to complete the search for survivors and the dead in the Oklahoma City suburb where a mammoth tornado destroyed countless homes, cleared lots down to bare red earth and claimed 24 lives, including those of nine children. more »
- Jimmy Kimmel, Jon Stewart crack jokes about Rob Ford
- Toronto Mayor Rob Ford's woes over crack cocaine allegations are providing plenty of late-night TV fodder for Jimmy Kimmel, Jon Stewart and other comedians south of the border. more »
- Man being questioned in Boston bombing probe shot dead by FBI
- The FBI says a man being questioned by authorities in the Boston bombing probe was fatally shot after he initiated a violent confrontation during an interview with officers in Orlando, Fla. more »
Must Watch
Latest Politics News Headlines
- Senate sends Duffy expense audit for 2nd internal review
- The Senate decided to send Senator Mike Duffy's audit report back to its internal committee for a second review, despite objections from the Liberal Senate leader, who argued the RCMP should be tasked with the job. New travel rules for senators will be announced today.
more »
- Harper in Peru for trade talks amid Senate expense scandal
- Prime Minister Stephen Harper is meeting with business leaders and Peruvian politicians this morning as part of a four-day trip to South America that will focus on trade and bilateral relations, but is expected to be asked about the growing Senate expense scandal. more »
- Stockwell Day: Abolish the Senate? Build it up instead
- Not only is abolishing the Senate next to impossible, it's also a bad idea. An Upper Chamber filled with provincially-elected representatives would be far better and address a major flaw in Canada's parliamentary system. more »
- Tom Mulcair contacted by police about suspected bribe by ex-Laval mayor
- Federal NDP Leader Tom Mulcair says he was contacted by the provincial police anti-corruption squad in Quebec to discuss a suspected 17-year-old bribe offered to him. more »
- 'Very upset' Harper wants fast Senate spending reform
- Prime Minister Stephen Harper told the Conservative caucus this morning that he's "very upset" about the recent conduct of some senators and his own office, and he wants Senate spending rules tightened quickly. more »
The National
The House
- Questions mount for Harper and chief of staff Nigel Wright in Senate scandal May. 18, 2013 1:15 PM This week on The House, with Senators Wallin and Duffy now out of the Conservative caucus, we get reaction from NDP Ethics critic Charlie Angus. We also hear directly from Senator Patrick Brazeau who says the Conservatives have thrown him under the bus. Plus we speak with B.C. Premier Christy Clark after her stunning victory.
- Video forensics: How easy would it be to fake a Rob Ford video?
- Jodi Arias asks for 'second chance' during jail interview
- Tim Bosma memorial today in hall that hosted his wedding reception
- Oklahoma residents begin to return home after deadly tornado
- Children's mouths allegedly taped shut at N.S. school
- Microsoft unveils Xbox One
- Only 1 set of human remains found at Millard farm, police say
- Judge scolds 'flabby, sad generation' for skipping jury duty
- Yukon couple hold record for longest marriage in country


