Métis Nation of Ontario Continues to Defend Rights of Métis Harvesters
Asks Court to Uphold the MNO-MNR Interim Harvesting Agreement and the Honour of the Crown

A Message From Gary Lipinski
MNO Chair and Chief Negotiator

Dear Friends:

This will serve as update on our recent North Bay court appearance on June 16th. As you know, the Métis Nation of Ontario (“MNO”) continues to defend our citizens with valid MNO Harvesters Cards that have been charged by MNR. At this time, the MNR continues to lay charges against legitimate MNO Harvester Card holders, who are harvesting south of a unilaterally imposed MNR line, even if these individuals are harvesting within their traditional territories and following MNO’s Harvesting Policy.

The MNR has decided to lay these charges in complete violation of the Four Point Agreement (“Interim Agreement”) the MNO President entered into with the Minister of the MNR on July 7th, 2004. The Interim Agreement that was negotiated and agreed to was and remains clear and unambiguous. It commits that all MNO Harvesters Card holders (up to a maximum of 1250 in 2004), who are harvesting in their traditional territories and are not in violation of any conservation or safety rules, will not be charged by the MNR.

Specifically, the Interim Agreement states that the MNR will apply its Interim Enforcement Policy (“IEP”) to MNO Harvester Card holders in the same way they do with First Nation harvesters in the province. The IEP explicitly states that under normal circumstances (i.e. no conservation or safety issues), Aboriginal harvesters will not be “subject to enforcement procedures”. Simply put, the MNR should not be charging MNO harvesters who are harvesting within their respective traditional territories. As a part of agreeing to the Interim Agreement, the MNR had and has an interim map of our Métis traditional harvesting territories where the Interim Agreement is to apply.

Despite the clarity of the Interim Agreement and the very public commitments of the Minister for the MNR, the MNR has and continues to charge MNO Harvester Card holders south of it unilaterally imposed line (i.e. in areas south of Sudbury and North Bay). The MNR has been recognizing and not charging MNO Harvesters Card holders in traditional territories north of Sudbury and North Bay.

In light of the MNR’s breach of the Interim Agreement, the MNO has had to resort to the Courts in an attempt to force the MNR to uphold its commitments and implement the Interim Agreement in full. The MNO has decided to defend our citizens and rights by asking the Court to stay charges (i.e. drop the charges) against three of our harvesters in the North Bay area who were fishing pursuant to the MNO’s Harvesting Policy and the Interim Agreement. These MNO citizens and Harvesters Card holders are Marc Laurin, Shawn Lemieux and Roger Lemieux.

The basis of our request to the Court is that MNR is not upholding the Interim Agreement or following the law of the land, as set out by the Ontario Court of Appeal and the Supreme Court of Canada in R. v. Powley and other Aboriginal rights cases. We are asking the Court to interpret the Interim Agreement, as it is written, and to stay these three charges. If successful, we hope this would result in the MNR dropping similar charges against our harvesters south of its unilaterally imposed line and respecting the Interim Agreement fully (i.e. not charging any MNO Harvesters Card holders in their traditional territories who are following the MNO’s Harvesting Policy and respecting conservation and safety rules).

The MNO had hoped that on June 16th, Judge Rodgers would have been able to hear the case in full and render his decision shortly thereafter. However, because of disputes with respect to evidence, cross-examinations of witnesses had to take place on June 16th in court rather than out of court. This meant that on June 16th the Crown spent the entire day cross-examining President Belcourt. Not only was the entire day spent doing this, but another day has been scheduled to continue the cross-examination of President Belcourt. That will be on October 13th. Following that, it will be MNO’s turn to cross-examine the MNR’s witnesses, which is scheduled for November 2nd.

Upon completion of these cross-examinations, another date will have to be set for Judge Rodgers to hear the arguments from the lawyers on the merits of the case. Realistically, it looks like we are not going to have a decision from the Court on this matter until next year.

I know most of you are asking what does that mean for others who have already been charged, or that MNR may be charge in the future? The MNO and the Crown have agreed to have these charges adjourned pending the outcome of our application for staying charges against the abovementioned three Métis harvesters. This means that existing and future charges will be dealt with after Judge Rogers’ renders his decision on the stay application in R. v. Laurin, Lemieux and Lemieux. Our hope is that when the Court provides its ruling on the interpretation of the Interim Agreement, all such charges will be withdrawn and we can try, once again, to establish a respectful working relationship with the MNR based on the MNR upholding the honour of the Crown and the Interim Agreement.

For the MNO’s part, we have not wavered from our commitment to the Interim Agreement. We stand committed to undertaking the associated work contemplated in the Interim Agreement such as an independent evaluation of our Harvester Card system and getting on with joint research. However, in good conscience, we cannot do this until MNR implements the Interim Agreement in full. How could we sit at a table with the MNR when they are not even living up to the explicit commitments in the Interim Agreement and charging our harvesters? We will not go back to a table to negotiate down from the clear and unambiguous deal President Belcourt reached with Minister Ramsay on July 7th, 2004. When the MNR decides to or is forced to finally honour the Interim Agreement in full, we will be eagerly back at the table to get on with the work that is needed. Your negotiations team looks forward to that day.

Related to this update, the Captains of the Hunt and PCMNO have approved a new process and fee for MNO Harvester Card application and renewal. Please see your Captain of the Hunt or our website for information on Harvester Card renewal or for first time applicants.

Of course, if you have any questions please feel free to contact me, the Captain of the Hunt for your region or the MNO Head Office in Ottawa.

I wish you and your families a safe and relaxing summer season and hope to see many of you at this year’s Annual General Assembly in Sault. Ste. Marie.

Yours very truly,
Gary Lipinski
Chair and Chief Negotiator
Métis Nation of Ontario

Métis Nation Back in the Courts over Harvesting Rights
Cross Examination of Witnesses Begins

OTTAWA (June 15, 2006) - Cross examination of witnesses in the Métis Harvesting Rights Case of the Government of Ontario vs. Métis harvesters Laurin, Lemieux and Lemieux, will begin tomorrow morning, June 16th, 2006 at 9:30am at the Ontario Court of Justice in North Bay.

Tony Belcourt, President of the MNO will be cross-examined by the Crown. Ontario Ministry of Natural Resources (MNR) Officials Bruce Sandilands and George Ross will be cross-examined by defence lawyers Jean Teillet and Jason Madden. The cross-examinations will be based on the affidavits, which were filed by the witnesses in the courts.

The Honour of the Crown is at stake to uphold the Interim Harvesting Agreement, entered into on July 7th, 2004, between the MNO and the Ontario Ministry of Natural Resources (MNR) which respected and began to implement the landmark decision of the Supreme Court of Canada in R. v. Powley. Contrary to the Government of Ontario’s promise that MNO Harvesters, who are harvesting for food within their traditional territories would not be subject to enforcement procedures, charges have been laid against MNO Harvesters.

The Métis are a distinct Aboriginal people with a unique culture, language and heritage, and with an ancestral Homeland that centers around Ontario, Manitoba, Saskatchewan, Alberta, British Columbia, parts of the Northwest Territories, as well as the northwestern United States. The Métis played an instrumental role in the shaping of Canada, and work tirelessly to share their culture, music, traditions and knowledge of the environment with their fellow Canadians. Today, the Métis live, work, raise their families and pay taxes in communities all across Canada.