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‘So unfair’: Métis take Alberta to court over refusal to discuss consultation policy

Click to play video: 'Métis Nation of Alberta accuses province of negotiating in bad faith' Métis Nation of Alberta accuses province of negotiating in bad faith
WATCH ABOVE: The Métis Nation of Alberta is taking the provincial government to court. As Sarah Komadina reports, the nation says the action is a response to what it says is the province negotiating in bad faith on a consultation agreement – Jun 14, 2021

EDMONTON — The Métis Nation of Alberta has launched a lawsuit against the provincial government over what it says is negotiating in bad faith on a consultation agreement.

“We feel we have no option,” said Audrey Poitras of the Métis Nation of Alberta, which filed a request for judicial review Monday.

“The government of Alberta does not recognize we have rights in this country.”

The Métis are seeking an overall agreement for how they should be consulted on resource development or government plans that could affect their traditional lands and practices. Poitras said the Métis Nation nearly had one after five years of talks with the province under two different governments.

But that all came to an end shortly after the election of the United Conservative Party. On Sept. 5, 2019, Poitras received a letter from provincial Indigenous Relations Minister Rick Wilson stating “Alberta will not be moving forward with the draft consultation policy.”

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The Métis court documents say they were never provided with the rationale for that decision, which they are asking the court to review.

Read more: Métis nations from Alberta, Saskatchewan and Ontario want direct negotiations with feds

Government briefing notes referred to in the Métis application suggest bureaucrats felt an overall consultation policy wasn’t needed, saying it would be expensive and time-consuming. The court documents quote a handwritten note to a senior official saying “Adding more (Indigenous) communities to consult with is burdening industry.”

Those briefing notes suggest continuing the current policy, which forces Métis people seeking to have a voice in development to go through an onerous “credible assertion” process. That process is so difficult that the Métis Nation still hasn’t been able to complete it, Poitras said.

Although Alberta does have agreements with Métis settlements, fewer than about five per cent of the province’s 114,000 Métis live in them. The Métis Nation has about 47,000 registered member, Poitras said.

“It is so unfair that the majority of Métis don’t live on those (settlements) and yet we’re not even talking anymore.”

Poitras points out her group has a consultation agreement with the federal government. The provinces of Saskatchewan, Manitoba and Ontario all have such agreements with Métis living there.

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Alberta has one with First Nations, so why not Métis, asked Poitras.

“It’s totally wrong for the government to just decide to stop talking to us,” she said.

Poitras said the government has ignored the group’s repeated calls to resume talks.

The province did not immediately respond to a request for an explanation as to why it ended negotiations.

Read more: Experts say technology could find more residential school graves as Alberta survivors share grief

The Métis Nation’s court filing says the Supreme Court has repeatedly affirmed that Métis people have Indigenous rights under the Constitution. The court has also said Canada has both a duty to consult and a duty to negotiate.

New Democrat Leader Rachel Notley, who appeared with Poitras at a press conference to announce the lawsuit, said walking away from the nearly complete consultation agreement as the government did in 2019 just creates more uncertainty, risk and red tape for everyone, including industry.

“The Métis Consultation Policy is good for Albertans,” Notley said.

“A formal policy would help us to enshrine a process for new projects. It would allow the government to bring willing partners to the table and it would provide industry with transparency and predictability.”

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