Rights Assertions

Fact Sheet and Key Messaging Regarding the Metis Self-Government Legislation

Download the Fact Sheet and Key Messaging Document here.

Webpage: FN Rights At Risk

Webpage Link: First Nations Rights At Risk (fnrightsatrisk.ca)

The Chiefs of Ontario (COO) has sourced the development of a webpage that hosts all pertinent information on the Federal Legislation regarding the Métis Government Recognition and Self-Government Agreement.

The webpage is updated regularly and will be used to host any information regarding any upcoming rallies or demonstrations.

Opposition to Governments’ Pan-Indigenous Approach

In what is now known as Canada, there are three recognized distinctions of Indigenous people: First Nations, Inuit, and Métis. Despite significant cultural differences, the distinctions are often grouped together by governments and institutions – this is called a “pan-Indigenous approach”.

First Nations are fundamentally opposed to the pan-Indigenous approach of governments and institutions because it is inconsistent with the constitutional recognition and priority of First Nations’ Inherent, Treaty and Aboriginal rights.

Resolution 09/15, passed at the 2009 All Ontario Chiefs Conference, mandated the Chiefs-in-Assembly to call for the immediate cessation of Ontario’s pan-Indigenous approach to health funding and services, and called on First Nations to cease participation in all pan-Indigenous processes related to health.

Fourteen years later, the Governments of Canada and Ontario, through their various ministries and departments, consistently continue to use a pan-Indigenous approach to funding, programs, and services to First Nations and Treaty rights-holders across the province, failing to prioritize resource allocation to First Nations and Treaty rights-holders.

When governments apply a pan-Indigenous approach, First Nations are forced to compete with Métis and Inuit organizations for funding. This competitive environment exacerbates the effects of unequal funding processes that disproportionally impact Ontario region, which frequently does not receive funding commensurate to its needs or population size.

The pan-Indigenous approach by the Governments of Canada and Ontario violates First Nations’ Inherent and Treaty rights to land and self-governance. It undermines First Nations’ responsibility to protect their lands and resources for the benefit of future generations in accordance with their values, traditions, laws, as well as nation-to-nation relations.

As per Resolution 22/11A, passed at the Annual Chiefs Assembly in June 2022, the Chiefs of Ontario call on the Governments of Canada and Ontario to immediately cease its pan-Indigenous approach to funding, programs, and services, and develop First Nations-led approaches that are separate from those negotiated with the Métis and Inuit. The Chiefs of Ontario remain committed to this position by refusing to participate in engagement sessions and processes which take a pan-Indigenous approach and are not specific to First Nations rights and priorities.

First Nations Rights

First Nations are the original inhabitants of the lands within the region now known as Ontario, and First Nations signed solemn Treaties with the Crown.

First Nations in the Ontario region have established Inherent, Treaty and Aboriginal rights, which are recognized under section 35 of the Constitution Act, 1982.

Ontario and Canada’s continued advancement of relationships and agreements, especially harvesting agreements with non-Indigenous groups (many of which are self-identified) are directly impacting Aboriginal and Treaty protected rights of recognized First Nations and are deemed unlawful.

Ontario and Canada’s recognition in these cases fails to consider that their actions interfere with the honour of the Crown with respect to Treaty and Aboriginal rights.

First Nations in the Ontario region support the legitimate claims of Indigenous Peoples, but note that recognition of unfounded claims undermine legitimate inherent rights-holders. We are protecting our Inherent Rights given to us by the Creator and reject any claims of lateral violence — this is about preserving the legitimacy of Indigenous rights.

Self-determination is a critical right of all legitimate Indigenous peoples. However, self-determination of Indigenous peoples is undermined when colonial governments seek to create new Indigenous peoples based on distant ancestry.

First Nations strongly support recognition of rights but reject the creation of rights by Canada for groups that never existed historically as culturally distinct, stable political entities.

Métis Rights Assertions in First Nations Ancestral and Treaty Territories

Métis rights are included in those rights recognized and affirmed under section 35. However, the claims of the Métis Nation of Ontario (MNO) are not and cannot be included in those rights that are recognized by s. 35, as there have never been any rights to recognize.

Métis groups in Ontario assert claims to territories covering almost the entire province. First Nations reject the legitimacy of these claims. These claims are not based in facts or history but are an attempt to create a history that never existed and one in which First Nations did not have jurisdiction in their own territories. If legitimate cohesive historical groups existed within the territories of First Nations, First Nations would have recognized those groups through proper protocols and laws at the time.

The fact that people of mixed ancestry existed historically throughout the territories of First Nations in Ontario cannot be the basis for the creation of a community. Many people of mixed ancestry were integral members of their parents’ First Nations, as their descendants continue to be. Other people of mixed ancestry were integrated into settler communities. Vague claims that Métis were “mobile” is not a valid justification for granting rights to Métis groups originating from outside Ontario or recognizing “communities” within Ontario that never existed.

The First Nations in Ontario do not support the claims that distinct and stable Métis communities and territory existed throughout Ontario as asserted by the MNO.

The modern claims made by the MNO have no basis in historical fact or the law – under either Canadian law or the inherent laws of First Nations in Ontario.

It is unlawful for Ontario or Canada to ignore our rights and unextinguished jurisdiction over our territories and attempt to give away our rights to illegitimate groups.

The MNO’s unfounded assertions do not entitle them to any proprietary interests to the Crown revenues derived from the natural resources from these territories, and they do not entitle the MNO to any substantive consultation.

Below is a map of the MNO’s Traditional Harvesting Territories compared with a map of First Nations’ treaties with the Crown.

Impacts to First Nations

The MNO’s assertion of rights and Ontario and Canada’s support of those assertions interfere with First Nations’ Inherent and Treaty rights during the Treaty Land Entitlement (TLE) process, diminish Treaty harvesting rights, and diminish the benefits First Nations are entitled to in Impact Benefit Agreements. Below are some specific examples from First Nation Leadership in the Ontario region.

  • Some First Nations in the Ontario region have harvesting caps in their territories. MNO members being granted harvesting rights in those same territories, undermining First Nations’ jurisdiction and exacerbating resources.
  • MNO is signing Impact Benefit Agreements with industry proponents. The MNO communities do not have land bases yet they are being compensated for development and projects on territories.
  • Industry proponents are subject to consultation and accommodation requirements when engaging in projects in First Nations territories. In one instance, the First Nation gave their consent to the proponent to proceed, but the project could not go ahead because MNO would not give their consent. MNO is not a rights-holder, they are an organization – unlike First Nations that hold inherent and constitutional rights. First Nations inherent rights are tied to the land. Section 35 was created to protect those land-based rights. The MNO do not have land bases, therefore do not have the right to determine whether projects should go ahead or not in First Nations territories.
  • MNO representatives attend mining consultation sessions and provide input on projects as if was going to impact their land base that they do not have.
  • MNO accesses millions in resources for health, education, housing, environment initiatives, governance, and broader capacity building that are earmarked for legitimate Indigenous groups.
  • MNO being treated as a historic, rights-bearing Indigenous Nation is damaging to real Nations who have rich histories, cultures, and land bases which their Ancestors have lived on since time immemorial because it waters down the credibility of those inherent rights. If everybody is Indigenous — nobody is Indigenous.
  • First Nations Ancestors are being appropriated by the MNO as Forebearers of their Verified Metis Family Lines and Metis Root Ancestors. Our people, particularly our women, never consented to having their identified transformed to form the basis of alleged historic Metis communities.

Indigenous Identity Fraud Summit

In May 2024, the Chiefs of Ontario and the Manitoba Métis Federation, the National Government of the Red River Métis, co-hosted a Summit on Indigenous Identity Fraud in Winnipeg, Manitoba. The historic gathering brought together First Nation, Inuit, and Red River Métis Leadership from across Canada to begin a collective discussion about the theft of Indigenous identities.

Read the press release here. Watch the Summit recording here.

The Leadership passed two support resolutions denouncing the Métis Nation of Ontario and the Nunatukavut Community Council, two organizations making false claims to Indigenous identity, and a Declaration condemning Indigenous identity fraud.

  1. Support Resolution #1: First Nation and Red River Métis Leadership denounce the Métis Nation of Ontario and the organizations’ false claims to Métis identity and assertions in First Nations Ancestral and Treaty territories
  2. Support Resolution #2: Indigenous Leadership denounce the illegitimate identity claims of Nunatukavut Community Council
  3. Declaration from First Nation, Inuit and Red River Métis Leadership condemning Indigenous identity fraud across Canada

Chiefs of Ontario Position

The Chiefs of Ontario have long opposed rights assertions made by the Métis Nation of Ontario in our Ancestral and Treaty territories.

In 2004, the Chiefs of Ontario and the Metis Nation of Ontario signed the COO-MNO Political Protocol. The MNO often points to the 2004 COO-MNO Political Protocol to make the point that First Nations and Métis in Ontario used to “work in close collaboration and with mutual respect.” The reality is as soon as First Nations realized that the MNO was making false claims to Indigenous identity that were infringing on their rights and that those false claims are damaging to groups that have constitutional protections, they took steps to end that relationship.

In 2010, First Nation Leadership stated that “the MNO was using the Protocol in a manner not envisioned or intended when authorization was given to the Protocol. In particular, some Métis groups are asserting alleged rights that are in conflict with established First Nation Aboriginal and Treaty rights,” and ultimately recognized that “the protocol had not been effective in its stated purpose.”

At the November 2010 Special Chiefs Assembly, Chiefs-in-Assembly passed Resolution 10/30, directing the Ontario Regional Chief to terminate the COO-MNO Political Protocol. On December 2, 2010, correspondence from Ontario Regional Chief Angus Toulouse to MNO President Gary Lipinski terminated the Protocol. (Supporting documentation can be found and downloaded here.)

In 2011, the Chiefs-in-Assembly stated that First Nations are fundamentally opposed to the pan-Indigenous approach of governments because they are inconsistent with the constitutional recognition and priority of First Nations Inherent, Aboriginal, and Treaty Rights. As the Original Peoples, we assert the primacy of First Nations Rights and reject any claim that we are all the same under section 35. First Nations and Inuit have lived on the lands now known as Canada since time immemorial, and there needs to be an acknowledgement of that in Canada’s policies, programs, and legislation.

In 2018, the Chiefs-in-Assembly stated in Resolution 27/18 that certain Métis rights are wrongfully or unlawfully confirmed by section 35 of the Constitution Act, 1982, which were reaffirmed in the Powley decision of the Supreme Court of Canada in 2003. The findings in “The Sault Ste. Marie ‘Métis’ Community and ‘Halfbreed Petition’“, “An Exploratory Study of Métis Nation of Ontario’s ‘Historic Métis Communities’ in Robinson-Huron Treaty Territory,” “The ‘Historic Abitibi-Inland Metis Community’ Final Report, and “An Analysis of the MNO’s Recognition of Six New Historic Metis Communities: A Final Report” prove that they were correct.

Today, the Chiefs-in-Assembly are deeply concerned with how the Métis Nation of Ontario is thwarting efforts by First Nations in different parts of the Ontario region to negotiate land claims, impact benefit agreements, treaty-land entitlements, and other land-based initiatives or processes.

To be clear, the Chiefs of Ontario:

  • Reject the credibility of MNO as a legitimate Indigenous organization.
  • Reject the Metis Harvesting Framework Agreement.
  • Oppose the Canada-MNO Self-Government and Recognition Agreement.
  • Oppose Bill C-53, Recognition of Certain Métis Governments in Alberta, Ontario and Saskatchewan and Métis Self-Government Act.
  • Reject that there were “historic Metis communities” which overlapped with our Ancestral and treaty territories prior to Effect Control (“pre-contact”).
  • Will not engage with the MNO. It is not reasonable to ask First Nations to have a dialogue with a group that is not honest about who it represents or what its intentions are.
  • Call on Ontario to retract its 2017 identification of the six new so-called “historic Metis communities” in the Ontario region.
  • Call on Canada to withdraw Bill C-53 until there is proper due diligence to verify the MNO’s claims and First Nations are meaningfully consulted.
  • Assure industry proponents that they do not have to and should not treat the MNO as a rights-holder. At most, they are a stakeholder. You do not owe them the same consultation and accommodation that is owed to First Nations.

Resolutions

  • Resolution 09/44: Recognition of Métis Engagement on Ontario Revenue Resource Benefits Sharing
  • Resolution 11/21: Aboriginal Community Energy Plans – Métis
  • Resolution 27/18: Framework Agreement on Métis Harvesting
  • Resolution 31/18: Support for Algonquins of Pikwakanagan First Nation
  • Resolution 21/44: Support Matachewan First Nation’s Plans to Commence Legal Action Challenging MNO’s Asserted Métis Rights in Treaty Territory
  • Resolution 22/25A: Métis Nation of Ontario
  • Resolution 22/26A: Métis Nation of Ontario Rights Assertions
  • Resolution 22/31S: First Nations in Ontario’s Opposition to Canada’s Recognition of the Métis Nation of Ontario’s Self-Governance
  • Resolution 23/16S: Support for Temagami First Nation and Teme-Augama Anishnabai’s v. Ontario, Métis Harvesting Agreement and Ms v. Ontario, Métis Harvesting Agreement and Métis Section 35 Rights in N’Dakimenan
  • Resolution 23/29S: Support Police Investigations Into Fraudulent Identity Claims

Statement from the Chiefs of Ontario Elders Advisory Council and Ontario First Nations Young Peoples Council

The Elders Council and Ontario First Nations Young Peoples Council of the First Nations in the Ontario region stand behind, beside, and with the Chiefs of Ontario to cease the encroachment of our lands, resources, identity, culture, language, and funding by the Métis Nation of Ontario and affiliated and unaffiliated organizations.

The Elders Council and Ontario First Nations Young Peoples Council unequivocally support the Chiefs-in-Assembly against the assertions of the Métis Nation of Ontario and affiliated and unaffiliated organizations.

June 2022 Annual Chiefs Assembly

INAN Study of Bill C-53

In September 2022, Chiefs-in-Assembly passed Resolution 22/31S First Nations in Ontario’s Opposition to Canada’s Recognition of the Metis Nation of Ontario’s Self-Governance which states that First Nations in the Ontario region vehemently repudiate the existence of a reasonable, factual, and legal basis to conclude that all of the communities represented by MNO existed historically or could be entitled to hold section 35 rights under the Constitution Act, 1982, or any other awards unlawfully issued by Canada. The resolution demands that the Government of Canada refrain from any actions which unlawfully recognize the MNO as jurisdictional, inherent, and section 35 rights holders, including the introduction of any legislation to implement the Self-Government Agreement or otherwise recognize the MNO as having section 35 rights.

First Nations have always opposed the recognition of the MNO by colonial governments. Our Nations do not recognize the MNO as a legitimate Indigenous Government. We have maintained this position in our collective opposition to the Self-Government Agreement and Bill C-53, Recognition of Certain Métis Governments in Alberta, Ontario and Saskatchewan and Métis Self-Government Act.

First Nation Leadership, technicians, Elders and Knowledge Keepers, Youth, family and community members, allies and supporters gathered on Parliament Hill for peaceful demonstrations on June 19, 2023, and September 20, 2023, to oppose the introduction of Bill C-53.

The bill was introduced in the House of Commons on July 21, 2023, passed first and second reading, and was referred to the Standing Committee on Indigenous and Northern Affairs (INAN) for study.

INAN began its study of Bill C-53 in October 2023. Ontario Regional Chief Glen Hare appeared alongside Chief Scott McLeod (Nipissing First Nation), Ogichidaa Francis Kavanaugh (GCT3) and Grand Chief Alvin Fiddler (NAN) on November 2, 2023. Watch their appearance here.

Below are some of the brief submissions submitted by First Nations in the Ontario region, PTOs, Tribal Councils, and colleagues. Please note this is not a complete list of all brief submissions to INAN. To see all 274 submissions, visit this webpage.

INAN presented its report with their proposed amendments to Bill C-53 on February 5, 2024. The Chiefs of Ontario remain incredibly concerned surrounding the amendments made to Bill C-53, as the changes put forth by INAN do not address any of the fundamental issues that COO or First Nations are concerned about.

Further, when CIRNAC officials appeared as witnesses on November 28, 2023, they both admitted that Canada did not verify the validity of the MNO’s claims to section 35 rights, but instead relied on the work done for Ontario’s 2017 recognition of six new “historic Métis communities” in the Ontario region to justify their recognition in Bill C-53.

The Chiefs of Ontario are urging Parliamentarians to #SayNoToBillC53 until Canada does its due diligence to examine all the evidence that’s been presented and verify the MNO’s claims.

First Nations’ fundamental concern regarding Bill C-53 is that the legislation creates illegitimate section 35 rights for the Métis Nation of Ontario (MNO) that MNO has no entitlement to. It is clear that Canada has made no substantial efforts to address the concerns of COO or First Nations, nor will any changes made within the legislation adequately protect the rights of First Nations.

For more information, please contact Jackie Lombardi, Director of Justice, at jackie.lombardi@coo.org.

Resources and Further Reading

Academic Research, Reports & Briefings

  1. Yellowhead Brief — “Bill C-53: An Act (dis)Respecting First Nations Inherent Rights” – Dec 2023
  2. Yellowhead Brief — “Powley, Rights Recognition, and the Rise of ‘Métis Denialism’: A Response to First Nations’ Calls for Accountability” – Dec 2023
  3. Robinson-Huron Waawiindamaagewin – “The Sault Ste. Marie ‘Métis’ Community and ‘Halfbreed Petition‘ – Oct 2023
  4. Yellowhead Brief – “A Call to Reconsider the Metis Self-Government Agreement in Ontario” – June 2023
  5. Robinson-Huron Waawiindamaagewin – “An Exploratory Study of the Métis Nation of Ontario’s ‘Historic Métis Communities’ in Robinson-Huron Treaty Territory” – March 2023
  6. Wabun Tribal Council – “The ‘Historic Abitibi-Inland Métis Community’ – Final Report” – Sept 2022
  7. Manitoba Métis Federation – “Historic Métis Communities of Ontario: An Evaluation of Evidence” – October 2020
  8. Manitoba Métis Federation – “An Analysis of the MNO’s Recognition of Six New Historic Metis Communities: A Final Report” – March 2020
  9. Metis National Council – “Addressing the Integrity of the Historic Metis Homeland” – Nov 2018
Statements and Press Releases

Statements from the Ontario Regional Chief

The Chiefs of Ontario are not alone in opposing rights assertions made by groups falsely claiming Indigenous identity. Across the country, there is a growing concern about Indigenous identity fraud and the negative impacts this has on First Nations’ Inherent, Treaty, and Aboriginal Rights.

Below are letters, and resolutions and statements made by First Nations across Turtle Island that demonstrate that this phenomenon is happening beyond the Ontario region.

In The News

If you want to add a resource to this list, please contact Samantha Restoule at samantha.restoule@coo.org.