OTTAWA, ON (July 21, 2011) – Today, the Supreme Court of Canada handed down its unanimous decision in Cunningham v. Alberta which further affirms the recognition of the Métis Nation as a distinct rights-bearing Aboriginal people, and ensures that the Métis Settlements in Alberta will continue to be protected and controlled by Métis for Métis for generations to come.
The Cunningham case is about the eight Alberta Métis Settlements and the membership requirements of the Settlements, which include provisions that exclude Indians from membership. These Settlements are the only recognized Métis Nation land base in Canada, so far. As such, they are important to Métis Settlement members, Alberta Métis as well as the entire Métis Nation.
The Cunninghams were removed as members of the Peavine Métis Settlement because they registered as Indians under the Indian Act. Sections 75 and 90 of the Métis Settlements Act provide that if Métis Settlement members voluntarily register as Indians they automatically terminate their membership in the Métis Settlement. The Cunninghams argued that sections 75 and 90 of the Métis Settlements Act violated their Charter rights, including, their equality rights under s. 15 of the Charter.
At trial, the Alberta Court of Queen’s Bench found that there was no violation of Cunningham’s Charter rights. On appeal, the Alberta Court of Appeal found that the Cunningham’s s. 15 equality rights were violated and struck down section 75 and 90 of the Métis Settlements Act. Today, the Supreme Court overturned the Alberta Court of Appeal’s decision and found that the exclusion of Indians from the Métis Settlements is constitutionally sound and connected to the objects of the Métis Settlements which includes the establishment of a Métis land base, the protection of Métis culture and the creation of Métis self-government.
Métis National Council President Clément Chartier applauded the decision as a further affirmation of the recognition of the Métis Nation as a distinct people, separate and apart from Indian and Inuit peoples. “In this decision, the Supreme Court acknowledges the longstanding struggle of the Métis Nation in Canada to have our rights and interests recognized by governments, including, the recognition of Métis lands. The court affirms and protects the Alberta Métis Settlements, as a part of the Crown-Métis reconciliation process. The court also recognizes that addressing these Métis lands and rights issues remain unfinished business in Canada.”
Notably, on this issue the Supreme Court wrote, “[c]aught between two larger identities and cultures, the Métis have struggled for more than two centuries for recognition of their own unique identity, culture and governance. The constitutional amendments of 1982 and, in their wake, the enactment of the MSA [Métis Settlements Act], signal that the time has finally come for recognition of the Métis as a unique and distinct people.”
The Supreme Court also recognized that the Métis have the right to exclude other Aboriginal peoples in defining who they are and in their negotiations with governments for Métis-specific agreements and arrangements. Specifically, the Supreme Court wrote, “object of enhancing the identity, culture and self-governance of the Métis as a s. 35 group, of necessity, must permit the exclusion of other s. 35 groups since an essential part of their unique identity is that they are “not Indian” and “not Inuit”.” The court also emphasized that “in any identification of Métis courts must approach the task of reviewing membership requirements with prudence and due regard to the Métis’ own conception of the distinct features of their community.”
“The Métis Nation is extremely pleased with today’s decision. While this case protects the Alberta Métis Settlements for Métis for generations to come, it also sends a clear message to governments that outstanding Métis land and rights issues must be addressed as a part of the reconciliation process flowing from s. 35 of the Constitution Act, 1982 and the legitimate expectations of Métis pursuant to that constitutional promise,” concluded President Chartier.
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