Manitoba Metis Federation Loses Lawsuit Against Government

The Manitoba government had the right to rescind a $67.5 million payment to the Manitoba Metis Federation connected to future hydroelectric development, a court ruled.

The Manitoba’s Progressive Conservative government reportedly cancelled the agreement between the Metis Federation and the Crown corporation in 2018. The agreement, an extension of a 2014 agreement called Turning the Page, pledged $67.5 million in payments to the Manitoba Metis Federation over 50 years. The payments are compensation for past and current hydroelectric projects on the Federation’s land, according to an analysis by the National Post.

In return, the Manitoba Metis Federation agreed to support hydroelectric projects into the future.

Now the government of Manitoba maintains that the multimillion-dollar hydro agreements with the MMF was “hush money,” meant to keep the Metis quiet about future hydro projects.

According to CBC News, the hydro agreement was entered into during an NDP regime; and cancelled when the Conservative party won power over the province. Manitoba’s new government cancelled the deal and maintains that it has every right to do so because the hydro agreement was not binding to begin with.

“With all due respect, Manitoba has the authority to intervene in the management of Crown corporations,” stated a lawyer for the government in a hearing. In addition, the Manitoba Government argued that the MMF did not show that it’s community would be harmed by any future hydroelectric developments.

The Manitoba government also asserted that it was within its rights to cancel the $67.5 million contract between the MMF and the hydro company. Chief Justice Glenn Joyal agreed in a ruling issued by the Court of Queen’s Bench.

“I am of the view that using a standard of correctness, the directive falls squarely within cabinet’s authority to issue binding legal directives (in this case to Hydro) respecting important matters of policy,” stated Justice Joyal’s decision.

According to the Manitoba Metis Federation, the community has a long history of negotiation with the Manitoba government. According to the MMF, Metis residents entered into the Manitoba Act because members of the community were concerned about the growing country of Canada and they wanted to protect land for their children. Under the Manitoba Act, 1.4 million acres of land along the rivers were meant to be preserved for Metis children, says the MMF.

In 1981, the MMF, along with the Native Council of Canada, filed a lawsuit against the Government of Manitoba and Canada’s federal government over their rights to this land. The MMF sought the opening of negotiations between them and the government to settle issues concerning outstanding obligations to the community and future settlements.

According to an expert interviewed by the CBC over the Manitoba Metis Federation lawsuit over the hydro agreement, the government’s decision to quash the agreement could present a “legal minefield.” Law professor Dwight Newman told CBC News reporters that, under a 2016 Supreme Court decision, the court found that the Metis have the right to be consulted in Crown activities that may affect them.

Reconciliation with First Nations

In 2008, Stephen Harper, the Prime Minister of Canada at the time, issued a Statement of Apology over the Indian Residential School System. The apology was made on behalf of all Canadians and acknowledged and apologized for the treatment of children in Indian Residential School.

“For more than a century, Indian Residential Schools separated over 150,000 Aboriginal children from their families and communities,” says the apology, that goes on to acknowledge that the policy of assimilation that the Indian Residential School was based on was wrong.

In addition to being based on the idea of assimilation, the children who were removed from their homes were often quite young and faced neglect and horrifically poor conditions. In addition to being torn away from their parents and other family members, they were not allowed to practice cultural traditions, according to Indigenous Corporate Training, Inc.

In the wake of the Statement of Apology, indigenous groups rallied, and brought attention to issues affecting their communities. As a result, according to ICT Inc, the Truth and Reconciliation Commission released a report that included 94 calls to action.

Now, a number of provincial governments have entered into agreements with First Nations and other indigenous groups. The contested hydro agreement with the Manitoba Metis Federation highlights some of the complexities of decisions based on the ideals of reconciliation.

Do you think it’s fair that the Manitoba Metis Federation Hydro agreement was cancelled? Tell us your opinion in the comment section below!

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