Canada and Manitoba Métis Federation sign landmark self-government treaty

On November 30, 2024, Canada and the Manitoba Métis Federation (MMF) signed a landmark self-government treaty which formally recognizes the MMF as the government of the Red River Métis. The Red River Métis Self-Government Recognition and Implementation Treaty [PDF] (the Treaty) is the first modern treaty which Canada has signed with a Métis nation. However, the Treaty will not come into force until Parliament passes enabling legislation.

Background

In 1870, the Red River Colony — now known as Manitoba — became the fifth province of Canada. As a condition of joining Confederation, the Métis people of the territory obtained several guarantees from the federal government set out in the Manitoba Act, 1870. Importantly, section 31 of the Manitoba Act committed the federal government to set aside land for the benefit of the Métis.

In 2013, the Supreme Court of Canada sided with the MMF in Manitoba Metis Federation Inc. v. Canada (Attorney General), 2013 SCC 14, in finding that many of the promises in the Manitoba Act were never fulfilled. The Supreme Court held that the “ongoing rift in the national fabric that s. 31 was adopted to cure remains unremedied” and that the “unfinished business of reconciliation of the Métis people with Canadian sovereignty is a matter of national and constitutional import”. The Supreme Court issued a declaration that the government had failed to uphold the honour of the Crown when administering the Manitoba Act.

The Treaty

In 2016, the MMF and the Government of Canada signed a Framework Agreement for Advancing Reconciliation to frame negotiations between the parties. In 2021, they signed the Manitoba Métis Self-Government Recognition and Implementation Agreement [PDF], under which they committed to negotiate a self-government treaty.

In 2023, about 4,000 MMF citizens approved a draft treaty. On November 30, 2024, MMF President David Chartrand and Crown-Indigenous Relations Minister Gary Anandasangaree formally signed the Treaty.

Among other things, the Treaty

• recognizes the MMF as the exclusive representative of the Red River Métis, responsible for providing democratic, responsible and accountable self-government and representing the Red River Métis in respect of collective Red River Métis Aboriginal rights and interests including under the Manitoba Act
• recognizes the jurisdiction of the MMF to pass its own laws concerning the citizenship of Red River Métis and to establish institutions, offices or other bodies to administer and enforce Red River Métis laws as set out in the MMF Constitution and with respect to matters of citizenship and MMF structures, operations, procedures, assets, financial management and financial accountability
• sets out the shared fiscal responsibility of the federal government over the MMF’s operations and states that the parties will work together to enter into and maintain fiscal arrangements to support the political, social, economic and cultural development of the Red River Métis
• creates a mandatory two-step dispute resolution process before the parties can proceed with judicial proceedings or arbitration, including referring the matter to an Intergovernmental Relations Committee and mediation

The Intergovernmental Relations Committee will be jointly staffed by representatives of MMF and Canada and will also be responsible for overseeing the implementation of the Treaty and fiscal matters.

Looking ahead

Three main areas of uncertainty remain after the Treaty’s signing.

First, the Treaty expressly identifies a number of matters for potential supplementary self-government agreements between Canada and the MMF, including the potential role for the MMF to play in taxation, education, child services, health services, the administration of justice and environmental assessment, protection and management issues. In addition, the Treaty commits the federal government to “continue to negotiate” a resolution of the unresolved Métis land claims under section 31 of the Manitoba Act. Moreover, even though the Treaty states that it does not alter the division of powers set out in Canada’s Constitution Act, 1867 and the Government of Manitoba is not a party to the Treaty, the Treaty’s effects on issues of provincial jurisdiction remain uncertain.

Second, the Treaty remains unratified. Even though the federal Minister has signed the Treaty, ratification by Canada requires enabling legislation by Parliament. It is unclear whether the current government will be able to pass enabling legislation before this year’s federal election.

Finally, two Manitoba Dakota First Nations have filed a court challenge to the Treaty. They argue that Canada failed to fulfill its duty to consult First Nations groups in Manitoba before entering into the Treaty. A hearing before the Manitoba Court of King’s Bench on the matter took place on December 19, 2024. Earlier last year, a similar court challenge to an agreement designating an organization as the exclusive representative of the Métis Nation within Alberta was successful, as the Federal Court in Metis Settlements General Council v. Canada (Crown-Indigenous Relations), 2024 FC 487, found that Canada had not fulfilled the duty to consult with other Métis groups before signing the agreement.

We will continue to provide updates as this matter develops.