MÉTISCONSULTATION& ACCOMMODATIONA GUIDE FOR GOVERNMENT & INDUSTRYON ENGAGING MÉTIS IN ONTARIO

CONTACTwww.metisnation.org/consultations

Métis Nation of Ontario500 Old St. Patrick St, Unit D

Ottawa, ON K1N 9G4Tel: 613-798-1488 or 1-800-263-4889 (toll free)

THE MÉTIS NATION OF ONTARIO

Established in 1993 by the will of Ontario Métis, theMétis Nation of Ontario (MNO) represents the col-lective aspirations, rights and interests of Métis peopleand communities throughout Ontario. The MNO hasa democratic, province-wide governance structurewhich ensures Métis people are represented at thelocal, regional and provincial levels.

JAMES BAY/ABITIBI-TEMISKAMINGUECONSULTATION PROTOCOL

LAKEHEAD/NIPIGON / MICHIPICOTENCONSULTATION PROTOCOL

LAKE OF THE WOODS /LAC SEUL /RAINY RIVER /RAINY LAKECONSULTATION PROTOCOL

SAULT STE. MARIE REGIONCONSULTATION PROTOCOL

GEORGIAN BAYCONSULTATION PROTOCOL

KAWARTHA / OTTAWA RIVERCONSULTATION PROTOCOL

MATTAWA / LAKE NIPISSINGCONSULTATION PROTOCOL

REGIONAL CONSULTATION PROTOCOLS

MÉTIS CITIZENSHIP IN ONTARIO

Métis in Ontario make application to the MNO forcitizenship within the Métis Nation. The MNO main-tains the only recognized provincial Registry for Métisin Ontario. Citizenship is granted to individuals whoself-identify as Métis, provide documentation provingan ancestral connection to the Métis Nation and areaccepted by the MNO.

In 2004, in the Haida and Taku cases, the SupremeCourt of Canada set out a new legal framework – theCrown’s duty to consult and accommodate. This dutyflows from the honour of the Crown and s. 35 of theConstitution Act, 1982. This new duty requires govern-ments to consult Indian, Inuit and Métis peoples andaccommodate their interests whenever a Crown actorconsiders conduct that might adversely affect Aboriginalrights or interests.

The duty applies when the Crown has real or con-structive knowledge of the potential existence ofAboriginal rights or title that may be at risk from acourse of action being contemplated by a Crown. Theduty demands that all governments work with Aboriginalpeoples to understand their interests

and concerns prior to authorizing or proceeding with aplan, policy, development or activity that has the poten-tial to affect Aboriginal rights. The purpose of the duty isachieved when government addresses, modifies or rec-onciles its actions with Aboriginal interests in a real andsubstantive way.

Overall, the duty is designed to promote the trans-formation of the existing relationship between the

Crown and Indian, Inuit and Métis peoples to anew relationship based on consultation,

accommodation, just settlementsand reconciliation.

DUTY OF THE CROWN TO CONSULT & ACCOMMODATE

The Métis are a distinct Aboriginal people with a uniquehistory, culture, language and territory that includes thewaterways of Ontario, surrounds the Great Lakes andspans what was known as the historic Northwest.

The Métis Nation is comprised of descendants ofpeople born of relations between Indian women andEuropean men. The initial offspring of these unions wereof mixed ancestry. The genesis of a new Aboriginal peo-ple called the Métis resulted from the subsequent inter-marriage of these mixed ancestry individuals.

Distinct Métis settlements emerged as an outgrowthof the fur trade, along freighting waterways and water-sheds. In Ontario, these settlements were part of largerregional communities, interconnected by the highlymobile lifestyle of the Métis, the fur tradenetwork, seasonal rounds, extensivekinship connections and ashared collective histo-ry and identity.

WHO THE MÉTIS ARE

TRIGGER FORCONSULTATIONGovernment or a proponent identifies a plan,policy or project with the potential to impactMétis rights, interests or way of life in an areawhere a Regional Métis ConsultationProtocol is in place. See map on next page.

Based on credible Métis rights assertions and claimsthroughout Ontario, the provincial government hasaccommodated Métis rights on a regional basis, withinMétis harvesting territories identified by the Métis Nationof Ontario (MNO). This accommodation has been heldto be legally enforceable by the Ontario Court of Justicein 2007 in R. v. Laurin.

In Métis traditional harvesting territories, theCrown’s duty to consult is triggered when it plans,undertakes or authorizes a policy, project or develop-ment that has the potential to affect the rights, interestsor way of life of the regional Métis communities that relyon these territories. Industry may undertake procedural

aspects of the Crown’s duty, but the duty itself

remains solely with the Crown.The MNO, in partnership with its Community

Councils, has established a process to achieve effectiveconsultation with Métis in Ontario. This processrequires government or industry to provide writtennotice to the potentially affected regional rights-bearingMétis communities. Through established RegionalConsultation Protocols, the MNO and its CommunityCouncils will undertake an assessment of all consultationrequests. Following this, a response from the regionalrights-bearing Métis community will be provided, identi-fying whether consultation is required, and, if so, howconsultation should take place. It is at this point that aformal consultation process would begin.

DUTY OF THE CROWN & ONTARIO MÉTIS

NOTICE TO MÉTIS Notice from government or industry propo-nent sent to the Métis Consultation Unit c/o the MNO Head Office. Notice includessufficient detail about proposed plan, policyor project for a Regional Métis ConsultationCommittee to assess and determine consul-tation requirements.

ASSESSMENT BY MÉTISThe Regional Métis Consultation Committee,along with the MNO Natural Resources,Environment and Community RelationsBranch, work together to assess the noticeprovided and to determine level of consulta-tion required.

MÉTIS RESPONSEThe MNO’s Natural Resources, Environmentand Community Relations Branch, on behalf ofthe Regional Métis Consultation Committee,provides a written response to the govern-ment or proponent which outlines conclusionon the initial assessment.

This written response identifies whether addi-tional information is needed, whether consul-tation is required, whether consultation willtake place at the local or regional level andthe Regional Métis Consultation Committee’sproposed next steps in order to begin formalconsultations (i.e. arrange face-to-face meet-ing, capacity funding, etc.).

CONSULTATION BEGINSOnce the next steps identified in the MétisRegional Consultation Committee’s responseare addressed, formal consultation with theMétis community will begin.

Notice, assessment and the Métis responsedo not constitute consultation. They are preliminary steps designed to get to a fair,objective and transparent consultation process with the potentially affected rights-bearing Métis community.