Manitoba Metis Federation

MEDIA ADVISORY

MMF to Appeal to the Supreme Court of Canada

For immediate release
June 7, 2010

WINNIPEG- Although the Metis had hoped for a clear win in its land claims case, the Manitoba Court of Appeal had always been anticipated to be another challenge to overcome along the road to the Supreme Court of Canada. Today, Manitoba's highest court went far in correcting the errors of the earlier trial judge and is a step forward in attaining justice for the longstanding Metis grievances originating in the creation of Manitoba.

“We are disappointed but we were by no means defeated,” said President David Chartrand of the Manitoba Metis Federation (MMF). “Based on the history of lower court aboriginal land-related decisions we had expected this outcome. It was also understood that no matter who won, this was going to go to the Supreme Court.”

Unfortunately the Appeal Court avoided the tough issues. What was unexpected, and inconsistent with an earlier 1990 Supreme Court of Canada decision, was questioning MMF’s standing and the ability to address these constitutional issues in court after more than 100 years.

On other fronts the decision has its merits for the Metis Nation. The decision was progressive in overturning many of the judgments and rationale of the earlier trial judge. The Court acknowledged there is a fiduciary relationship between the Crown and the Metis and that the Honour of the Crown is an essential part of this relationship. The Decision also rejected the trial judge’s assertion that Metis did not have Aboriginal title.

The Metis consider The Manitoba Act of 1870 as the result of a Treaty negotiated between the Metis and the Government of Canada.  The case, launched in 1981 by the MMF, asserts Canada did not fulfil its promises including a commitment of 1.4 million acres of land for the children. The Metis children were vulnerable and faced injustices from Canada’s unconstitutional decisions, delays and inaction.

“The Court of Appeal did not address the impacts on the children or their descendants. The Court put on rose coloured glasses in viewing the dark events from Manitoba’s past,” continued Chartrand. “The Court clearly presented a flawed interpretation of Canadian history as well as minimized the moral and legal standards applicable to all no matter whether in the 19^th or 21^st centuries. Canadians knew in the 1800’s what was happening to the Metis children was wrong. What was wrong then is still wrong now.”

The Court of Appeal did however emphasize the uniqueness and importance of the issues raised in this appeal. The Court went on to say that the MMF’s arguments are of great importance. The MMF believes that it is in the interests of justice that these issues be considered by the Supreme Court of Canada and has instructed its legal counsel to apply for leave to appeal to the Supreme Court.

“Today’s decision is another step forward along our people’s journey to the Supreme Court of Canada,” concluded President Chartrand. “Our Nation remains strong and determined in the face of adversity. As our leader Louis Riel once said about the Metis struggle for justice: ‘One was small, but in its smallness it had its rights. The other was great, but in its greatness it had no greater rights than the rights of the small.’”

Believe in Yourself; Believe in Metis.

The Manitoba Metis Federation (MMF) is the official democratic and self-governing political representative for the Metis Nation’s Manitoba Metis Community.

For more information, please contact:
Frank Coyle, Director of Communications
Phone: (204) 586-8474 ext. 374
Cell: (204) 232-5737
E-mail: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

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Court Decision

Executive Summary