BC Government Claims Métis do not have Section 35 Land, Water or Air-Based Rights
(December 18, 2023) The Provincial Government says there are “…no existing land, water, or air-based Métis rights or associated inherent jurisdiction in British Columbia that trigger the same Crown obligations that are owed to First Nations under section 35(1) of the Constitution Act, 1982 or international law, including the duty to consult and accommodate and the need to obtain free, prior, and informed consent.”
The statement is contained in a policy document issued earlier this month entitled "Distinctions-Based Approach Primer" and it comes despite MNBC’s current President claiming earlier this year that “MNBC has strong working relationships with both the provincial and federal governments” and it comes despite the fact that in January this year the current Board approved spending up to $1.05 million on a consulting firm to carry out s.35 research.
For the province to claim that Métis in British Columbia have no existing land, water, or air-based rights, is a major set-back for Métis. In the policy document they state (in part) that “there has been no court decision applicable to British Columbia that has confirmed the existence of any identifiable historic Métis community or Métis homeland in British Columbia”.
So what is the current Board doing about this latest issue? We don’t know because this Board has not posted a single comment about the provincial government’s policy position. And what about the $1 million for research by the consulting firm into s.35 rights in British Columbia? What have they found? We don’t know because again this Board has not posted anything regarding any findings todate.
Former MNBC President Clara Morin Dal Col says, “This latest policy position of the provincial government is a good indication that this Board’s ability to influence provincial policy on such a critical issue as Métis s.35 rights has been a failure. Their so-called close working relationship with this provincial government has produced nothing on this critical issue.”
Ms. Morin Dal Col who has announced that she will be seeking the MNBC Presidency in 2024 says, “They talk about Métis rights and spend lots of money but have nothing to show for it, and this falls right on the heels of the adjournment in federal court of their application seeking a judicial review of Indigenous Services Canada’s decision that MNBC is not an Indigenous Governing Body.”
Ms. Morin Dal Col says, “This group really needs to rethink their strategy – if they actually have one - regarding Métis s.35 rights in British Columbia because this one is not working.”
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