Jessica George
A big step for the region’s Métis people occurred here Monday night with the signing of the “historic protocol,” which outlines the duty of industry, through the Crown, to consult and accommodate Métis rights.
Métis Nation of Ontario Gary Lipinski, along with Joel Henley, president of the Kenora Métis Community Council, Alvina Cimon, president of the Northwest Métis Nation of Ontario (Dryden), and Clint Calder, president of the local Sunset Country Métis, were on hand to sign the five copies of the agreement to make it official.
The signing means industries interested in using the traditional land of the Métis now have the duty to consult with them first.
Following a string of decisions by the Supreme Court of Canada, it’s now the law that the use or intersection of any land traditionally or currently used by the Métis to hunt, fish, or pick herbs for medicines must be discussed with the Métis before moving ahead.
This includes the rights to a fully-engaged conversation between the Métis community and the industry, whereby the industry must fully educate the Métis on the potential use of the land and the potential effects on the land and, consequently, the Métis lifestyle.
This ruling began with the Powley case in 2003, where the Supreme Court of Canada recognized that Métis communities hold constitutionally-protected aboriginal rights that must be respected by governments.
Since then, other Supreme Court of Canada rulings have led to the creation of this historic protocol.
Lipinski noted the jailing of the Kitchenumaykoosib Inninuwug (KI) chief and five councillors earlier this year, when they opposed the diamond drilling near their land, was a result of the government and industry not meeting their duty to consult obligations.
He stressed the Métis should have input and a say when it comes to their traditional lands.
“We, as a Métis people, are not opposed to development,” Lipinski added. “We see the benefits in development and we want the benefits from the development.
“But we also want to ensure that any potential negative environmental impact is minimized.”
Lipinski noted the region’s Métis people want to see the benefits of their land if it is used by industry. They want to see jobs, benefits, funds, and resources given back to the community—and ensure their rights to their land are not stripped away.
It was stressed Monday night that this protocol is not a adversarial one. Rather, it was sought by both the Métis and industry.
Industry, for instance, wants to ensure it is taking the necessary steps in developing certain lands to avoid potential conflict.
“It’s a very exciting step,” enthused Calder.
“There has been lots of talk at the Ontario level, but this is the first opportunity that we have had to actually get together and sign a document that affirms our own harvesting rights and the duty to consult with the Crown head to respect our harvesting rights,” he noted.
“So it is quite an exciting opportunity and we are pleased to be a part of this.”
Calder noted Monday’s signing also was symbolic in that it brought together all of the presidents in the region.
With mining projects in the region, as well as any implementations of new energy, that are being proposed, both Calder and Lipinski expect they will be contacted by various industry professionals shortly.
Industry will be looking for certainty in their endeavours and Calder, along with Cimon and Henley, are excited to enter into consultations with them.
“It’s really an ongoing process,” said Calder. “At the community level, we will probably be entering into discussions with different companies who are planning to do activities in the area.
“We have already been talking to mining companies and Ontario Hydro, but this is a long, ongoing process,” he added. “We just view this as a way to get it kick-started.”
