(December 8, 2023) An application to the Federal Court of Canada by Métis Nation British Columbia (MNBC) seeking to challenge a ruling by Indigenous Services Canada that MNBC is not an “Indigenous Governing Body” has been adjourned.
The request for the adjournment was made to the court on November 1, 2023 by a legal representative for MNBC with the consent of lawyers for the federal government. A court order granting the adjournment motion was issued on Nov. 2, 2023.
MNBC has not posted any information about the latest move in the court, nor was any reference made to the action at the Métis Nation Governing Assembly (MNGA) held this past weekend when almost all Métis Chartered Communities were present. The application for a Judicial Review was filed back in late July 2022, but MNBC never posted any information about the move until 8 months later.
The whole issue revolves around Indigenous Services Canada refusing to recognize MNBC as an Indigenous Governing Body because the department claims MNBC does not meet the requirements to be considered an Indigenous governing body under the federal legislation. The claims are untested in court. The refusal by the federal department stems from a request by MNBC to exercise jurisdiction over Métis children and family services under Bill C-92 - An Act Respecting First Nations, Inuit, and Métis children, youth and families.
Since the original application was made in federal court in 2022, the Province of British Columbia, in a letter dated May 30, 2023 has also said that MNBC is not an Indigenous Governing Body. The letter from the Provincial Minister of Indigenous Relations and Reconciliation to MNBC states (in part) that “…While the Province agrees that Métis people in BC have non-site-specific section 35 rights, our view is that, at present, MNBC does not have status or authority as an Indigenous Governing Body within the meaning of the Declaration Act.” MNBC has never posted the May 30, 2023 letter from the province.
Former MNBC President Clara Morin Dal Col asks, “Why is MNBC being so secretive about this whole issue?” She says, “It took them months to tell MNBC Citizens that they were even pursuing a judicial review and now they have been silent about this latest court order.”
Ms. Morin Dal Col says, “This Board keeps talking about how important our Métis children are, and our children are indeed important, but yet they say nothing about how they’re going to overcome the decision of the federal department that MNBC is not an Indigenous Governing Body, and now they also have the provincial government saying essentially the same thing.”
Ms. Morin Dal Col who has announced that she will seek the MNBC Presidency in 2024 says, “This current Board is struggling – not only are they not considered to be an Indigenous Governing Body, but there is also no sign of Métis Self-Government on the horizon in British Columbia, and we still have more than 700 Métis children in government care.”
She says, “Clearly a new approach is needed to gain jurisdiction over our children and my team and I will be ready with a new approach with both the federal and provincial governments after the next MNBC election.”
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For further information:
Contact Clara Morin Dal Col
Candidate for MNBC Presidency
Email: cmdalcol@gmail.com
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