Document Information

Date: 1984-03-08
By: Metis National Council
Citation: First Ministers’ Conference on Aboriginal Constitutional Matters, Metis National Council Draft Constitutional Accords on Metis Self-Identification and Enumeration, Doc 800-18/019 (Ottawa: 8-9 March 1984).
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DOCUMENT: 800-18/019

FIRST MINISTERS’ CONFERENCE
ON
ABORIGINAL CONSTITUTIONAL MATTERS

Metis National Council Draft Constitutional
Accords on Metis Self-Identification
and Enumeration

Metis National Council

Ottawa
March 8 and 9, 1984

1984 CONSTITUTIONAL
ACCORD ON METIS
SELF-IDENTIFICATION

Whereas pursuant to Section 37 of the
Constitutional Act, 1982, a constitutional
conference composed of the Prime Minister
of Canada and the first ministers of the
provinces was held on March 15 and 16, 1983,
to which representatives of the aboriginal
peoples of Canada and elected representatives
of the governments of the Yukon Territory
and the Northwest Territories were invited;

ANd whereas the said constitutional
conference agreed, inter alia, to convene
another constitutional conference which
was held March 8 and 9, 1984;

And whereas it was agreed at this conference
that it was important to identify the Metis
under Section 35(2) of the Constitution
Act, 1982;

And whereas from the earliest contact
between Indians and Europeans, it was
government policy to legally recognize
persons of mixed ancestry as Indians if
they lived with and like the Indians and
as non-Indians if they lived in the
non-Indian community;

And whereas in the Northwest of Canada
where the fur trade was carried, on a
separate people emrged who
established themselves in separate
communities, identified themselves as
Metis and asked to be dealt with as an
aboriginal people separate from Indians;

And whereas the Government of Canada
agreed in 1870 and 1879 to legally
recognize these people who elected to
identify themselves as Metis as a separate
aboriginal people while still
recognizing other persons of mixed ancestry
in the Northwest of Canada as Indians;

And whereas since one century has elapsed
during which a number of additional persons
of aboriginal ancestry have come to
identify themselves as Metis and have
been accepted by the Metis community;

NOW THEREFORE the Government of Canada and
the provincial governments hereby
agree as follows:

1. Thta the term “Metis” in Section 35(2
of the Canada Act, 1982 is identified
as follows:

Firstly, all persons who are
descendants of those Metis who
received land grants and/or Scrip
under the provisions of the Manitoba
Act, 1870 or the Dominion Lands Act,
1879.

Secondly, other persons of aboriginal
descent who identify themselves as
Metis who have been or are
accepted by the Metis community.

2. A Metis community is any group of
Metis people who can trace their
ancestry to those Metis who were
legally identified and dealt with
as Metis under the two Acts referred
to in subsection 2 above.

3. That the parties to this agreement
undertake not to in any way alter
the identification of the term
“Metis”, except by agreement reached
at a subsequent constitutional
conference.

4. In the event of a Court challenge,
the parties of this Accord agree
to present this Accord as evidence
of the identity of the term “Metis”
under section 35(2) of the Constituti
Act.

5. The Prime Minister of Canada will
lay or cause to be laid before the
Senate and House of Commons, and
the first ministers of the provinces
will lay or cause to be laid before
their legislative assemblies, prior
to December 31, 1984, a resolution
in the form set out in the Schedule
to authorize a proclamation to be
issued by the Governor General under
the Great Seal of Canada to amend
the Constitution Act, 1982.

SCHEDULE 1

Motion for a Resolution to authorize his
Excellency the Governor General to
issue a proclamation respecting amendments
to the Constitution of Canada;

Whereas the Constitution Act, 1982
provides that an amendment to the
Constitution of Canada may be made
by proclamation issued by the
Governor General under the Great Seal
of Canada where so authorized by
resolutions of the Senate and House
of Commons and resolutions of the
legislative assemblies as
provided for in section 38
thereof;

And whereas the Constitution of
Canada, reflecting the country
and Canadian society, continues to
develop and strengthen the rights
and freedoms it guarantees;

And whereas, after a gradual transition
of Canada from colonial status to the
status of an independent and sovereign
state, Canadians have, as of April 17, 1982,
full authority to amend their
Constitution in Canada;

And whereas historically and equitably
it is fitting that the early exercise
of that full authority should relate
to the rights and freedoms of the
first inhabitants of Canada, the
aboriginal peoples:

NOW THEREFORE the (Senate) (House of
Commons) (legislative assembly) resolves
that His Excellency the Governor General
be authorized to issue a proclamation
under the Great Seal of Canada amending
the Constitution of Canada as follows:

PROCLAMATION AMENDING THE
CONSTITUTION OF CANADA

1. Paragraph 35(2) of the Constitution
Act, 1982, as amended, is repealed
and the following substituted therefor:

“35(2)(a) In this Act, ‘aboriginal
peoples of Canada’ includes the
Indian, Inuit and Metis peoples
of Canada.”

“35(2)(b) A Metis is a person
as identified by the Prime Minister
and the first ministers pursuant to
a Constitutional Accord signed
at Ottawa on the 9th day of March,
1984 by the Government of Canada,
the provincial governments, and
the Metis National Council.”

2. This Proclamation may be cited as
the Constitution Amendment
Proclamation, 1984.

1984 CONSTITUTIONAL
ACCORD ON METIS
ENUMERATION

Whereas pursuant to Section 37 of the
Constitution Act, 1982, a constitutional
conference composed of the Prime Minister
of Canada and the first ministers of the
provinces was held on March 15 and 16, 1983,
to which representatives of the aboriginal
peoples of Canada and elected representatives
of the governments of the Yukon Territory
and the Northwest Territories were invited;

And whereas the said constitutional
conference agreed, inter alia, to convene
another constitutional conference which
was held March 8 and 9, 1984;

And whereas the identity of the term
“Metis” was agreed upon at that
conference;

And whereas it was agreed upon at that
conference to enumerate the Metis under
Section 35(2) of the Constitution Act,
1982.

NOW THEREFORE the Government of Canada
and the provincial governments hereby
agree as follows:

1. An enumeration process will be
carried out jointly by the
federal and provincial governments
and a representative of the Metis
people with dispatch.

2. The enumeration process will include
provisions for application,
certification, registration and
appeals.

3. The criteria which will be used
to identify the membership for the
purpose of establishing a charter
register will include:

(a) a declaration by the applicant
that he/she is a Metis; and

(b) proof that he/she is a descendant
of those Metis who received a
land grant and/or Scrip under
the provisions of the Manitoba
Act, 1870 or the Dominion Lands
Act, 1879; or

(c) proof of aboriginal ancestry
for those persons who
have been or are ceepted
into the Metis community.

4. Statistics Canada will be contracted
to be the administrative arm to
undertake and implement the
enumeration process.

5. The federal government will finance
the cost of the enumeration process
pursuant to its responsibility
under the Statistics Act.

6. The potential register of charter
members and the register of charter
members produced by this process
will be public information.