Mar 20/08 7-9pm Sunset Country Métis Council Fort Frances Sunset Country Metis Centre 714 Armit Ave. Mar 25/08 6-9pm Moon River Métis Council Parry Sound Quality Inn Hotel 1 JR Drive Foley Room Mar 28/08 7-9pm Windsor/Essex Métis Council Windsor Best Western Continental Inn 3345 Huron Church Road Courtyard Room Mar 29/08 1-3pm Hamilton-Wentworth Métis Council Hamilton Sheraton Hamilton Hotel 116 King St. West Ballroom West Meeting Room Mar 29/08 7-9pm Niagara Region Métis Council Niagara Falls Doubletree Resort & Lodge 6039 Fallsview Blvd Great Room B Feb 9/08 10:30am-1pm Saguingue Metis Council Port Elgin Port Elgin Super 8 on Hwy 21 South Feb 9/08 4-6pm Owen Sound Metis Council Owen Sound United Way Building 380-9th St. East - basement level Feb 10/08 4:30-6:30pm Georgian Bay Metis Council Midland North Simcoe Sports & Recreation Centre 527 Len Self Blvd. Seniors Room on Main Floor Feb 11/08 7:30-9:30pm GTA (MNO Region 8) Oshawa Metis Council Credit River Métis Council Toronto Métis Citizens Northumberland Council North York Memorial Community Hall 5110 Yonge St. - Burgundy Rm Feb 12/08 7-9pm Sudbury Métis Council Sudbury Mine Mill Hall 19 Regent Street Feb 14/08 6-9pm Historic SSM Métis Council Sault Ste. Marie Great Northern Resort & Conference Centre (Best Western) Ballroom South - Meeting Room 299 Great Northern Road Feb 24/08 7-9pm Ottawa Regional Métis Council Ottawa Mar 3/08 7-9pm North Bay Métis Council - North Bay Les Compagnon des francs loisirs 327 Dudley Ave. - Main Floor Mar 5/08 6-9pm Timmins Métis Council Northern Lights Métis Council Chapleau Métis Council Timmins Centennial Hall 720 Park Avenue Mar 17/08 7-9pm Thunder Bay Métis Council Geraldton & Area Métis Council Thunder Bay Thunder Bay Metis Centre 226 May St. South - Upstairs Mar 18/08 7-9pm Northwest Métis Nation of Ontario Dryden Moose Lodge #1771 51 Colonization Ave. South Mar 19/08 7-9pm Kenora Métis Council Kenora KMC Hall 70 Park St. (Beside Fire Hall)

Gary Lipinski is the Chair of the MNO and the PCMNO portfolio holder for natural resources and consultation.

Consultation. What does it mean? We use the word all the time in the Métis Nation, but in light of several decisions from the Supreme Court of Canada on the Crown’s duty to consult and accommodate Aboriginal rights and interests this word has taken on a new meaning and increased importance.

The Métis Nation has always said that governments must consult with us when they make decisions that will affect Métis rights, interests and way of life. Unfortunately, until the Supreme Court of Canada’s decision in the landmark Powley case, the Ontario Government did not even recognize that Métis people and communities existed in this province, let alone recognizing that we had constitutional rights. Moreover, the facts show that the federal and provincial governments have always acted unilaterally when it comes to use and control of natural resources in what they considered to be their jurisdictions. When Aboriginal peoples raised concerns about Crown actions, the response of government was usually ‘go to court and prove you have a right and then we may listen to you’. Of course, then the government would move ahead and do what they wanted anyways. The recent findings of Justice Linden in the Ipperwash Inquiry Report confirm this shameful history.

However, in 2004, in two cases known as Haida Nation and Taku River, the Supreme Court of Canada rejected the government position that Aboriginal people had to go to court first before the Crown had to do anything to address their rights, interests and way of life. In essence, the Supreme Court said that governments have a duty to sit down with us, in the spirit of reconciliation, and ensure that any proposed government policy, legislation, action or approval does not harm our rights, our interests or our way of life. We do not have to go to court first in order to trigger this duty. The duty flows from s. 35 of the Constitution Act, 1982 and the honour of the Crown and it is triggered when the Crown has real or constructive knowledge of credible Métis rights, claims and interests.

In Ontario, the Crown has real and constructive knowledge of credible Métis harvesting rights claims throughout the province. Powley confirms Métis rights in the Sault Ste. Marie region. Our historic July 7th Agreement with the Ministry of Natural Resources is based on the Crown’s knowledge of credible Métis harvesting rights throughout our traditional territories across the province. As such, the Crown’s duty is triggered when it contemplates actions or contemplates allowing others to take actions that have the potential to affect our harvesting rights in our traditional territories. Crown development in the areas of mining, wind power, nuclear energy, hydroelectricity, forestry, etc., all have the potential to dramatically affect the lifestyle and way of life of our communities.

The Ontario Government and the Government of Canada are beginning to recognize they need to change the old ways of doing business. Increasingly, our communities are being engaged by government and industry. However, it is not enough for the government or industry to simply send us a letter or meet with us once or twice, in order to discharge the Crown’s duty to consult. It requires real consultation. Consultation is a process of give and take and it’s a process that takes time. Think of consultation as an ongoing dialogue. A good consultation process results in informed decision-making in a manner that furthers everyone’s interests.

We also have roles and responsibilities in ensuring effective consultation, but we must have the capacity and information required in order to effectively participate with governments and industry. We must also have access to the needed expertise to know what type of accommodations to ask for once we determine our rights and interests will be affected (i.e. impacts and benefits agreements, guaranteed contract for Métis businesses, jobs for Métis citizens, etc,) and how to negotiate these with government and industry. In order to move forward on developing a consultation framework or model for the Ontario Métis community that will allow the Métis Nation to develop this capacity, the MNO will be undertaking community consultations in the new year. Both the Ontario Minister for Aboriginal Affairs and the Office of the Federal Interlocutor for Métis and Non-Status Indians are providing the MNO with funding to undertake this work

Our upcoming consultations will have two main objectives: (1) providing information to Métis citizens on the duty to consult and accommodate, and, (2) engaging discussions in order to develop an Ontario Community Métis Consultation Framework. There are many questions we must grapple with in developing such a framework. What does the ‘duty to consult and accommodate’ really mean? What should a Métis-specific consultation process look like? How should the MNO and Community Councils work together on consultation issues? In cases where more than one Community Council is affected, how should Community Councils work together? What information is needed in order to ensure effective consultation with the Métis community takes place? How can we ensure that Community Councils and Métis at the local level have the information they need to make informed decisions? These meetings will provide us the opportunity to begin these discussions, with the support of MNO staff and the expertise of the MNO’s legal counsel.

Based on these consultation meetings, the MNO hopes to develop a draft framework that can be brought back to our communities and to the next Annual General Assembly for consideration. In order to address the influx of consultation requests the MNO and its Community Council are now receiving, we need to develop capacity in this area in order to respond in a manner that protects Métis rights and the Métis Nation’s long-term interests. In our history, we have always taken the strong and consistent position that we are one nation, one people. We have a track record of success when we work together as a collective: the creation of the MNO, the MNO Registry, the MNO Harvesters Policy and Harvesters Card System, etc. Similarly, we need to develop a framework that reflects this tradition and our values. As well, we must develop a framework for consultation that works for the Métis Nation and meets our unique needs.

In the next few months we will be advertising and holding community meetings as well as some videoconferencing workshops. I encourage all citizens to come out and participate. The MNO will also be establishing a webpage dedicated to this initiative at www.metisnation.org/consultation where MNO citizens can receive information on our upcoming meetings and updates on our work at this webpage. This webpage will also have a helpful Guide for Métis on Consultation and Accommodation that citizens and communities can download. A hardcopy of this guide can also be obtained by contacting the MNO Head Office in Ottawa

I look forward to working with MNO citizens and community leaders on this important initiative. It is just one of the areas the MNO is building on based on the Powley decision and pressing forward on our rights agenda. If you have questions or comments, please feel free to contact me at at (807) 274-1516 or via email at garyl@metisnation.org.

Gary Lipinski is the Chair of the MNO and the portfolio holder for natural resources and consultation.