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June
2003 - Saskatoon
METIS RIGHTS / A QUEST FOR JUSTICE |
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The
Indigenous Peoples' Justice Initiative
University of Saskatchewan
and the
Indigenous
Bar Association of Canada |
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Present
"THE METIS
PEOPLE IN THE 21ST CENTURY'
A CONFERENCE
AT THE UNIVERSITY OF SASKATCHEWAN
JUNE 18-20,
2003
Radisson Hotel
Saskatoon
Saskatoon, Saskatchewan, Canada
Co-sponsors:
Dept of Native Studies, U of Saskatchewan,
U of Alberta School of Native Studies, and
MatriX; University of Manitoba Dept of Native
Studies; others
tba.
The conference
The objectives of the conference emerge
from some of the goals envisioned by proponents
of the newly established Indigenous Peoples'
Justice Initiative (IPJI) at the University
of Saskatchewan, including "To
foster interdisciplinary and transdisciplinary
research connected with the theme of indigenous
peoples and justice, in providing a congenial
environment for Aboriginal and non-Aboriginal
scholars from Canada and other countries…"
The conference,
which is presented jointly by the IPJI and
the Indigenous Bar Association of Canada,
will bring together, for cooperative, formal
and informal discussion and debate, eminent
scholars from various disciplines, policy
analysts, authors, artists, senior government
officials, and Metis people with specialized
knowledge. The agenda has been designed
to allow ample opportunity for all conference
participants to participate in both formal
and informal debates with speakers and panelists.
Students and other researchers will have
the opportunity to interview participants
and engage in informal discussions. The
conference will provide a multidisciplinary
forum for discussion and debate, and possibilities
of collaborative research, about the place
of the Metis people in Canada in the 21st
century. Papers presented at the conference
will be published by the Saskatchewan
Law Review and the Native
Studies Review.
The conference
will be complemented by some unique events.
There will be a videotaped evening session
where panelists will exchange views with
the audience on the question of Louis Riel's
status as hero and symbol in the 21st century.
This question has been the subject of contested
and impassioned views in various recent
national initiatives, including several
Bills in Parliament to 'pardon' Riel, and
a controversial CBC televised 'retrial'
of Riel in October 2002. There will be a
gala dinner and dance, showcasing Metis
culture with art, music and clothing shows
and displays. Metis musical artists will
revive the Metis national anthem, 'La Chanson
di Bois Brules' created by Pierriche Falcon
on 19 June, 1816.
The focus of
the conference
The 1982 Constitutional
amendment that expressly included the Metis
people in the provision that recognized
and affirmed the undefined rights of the
Aboriginal peoples of Canada was the focus
of intense political debate for a decade.
A series of subsequent Constitutional reform
conferences of First Ministers and Aboriginal
leaders did not decide the nature of Metis
rights, nor who has them. At the beginning
of the new century, the focus is now on
litigation that will develop a judicial
theory of Metis rights. The questions that
have been raised in public and academic
debates and in the courts, have not been
answered easily even among the people who
identify themselves as Metis. These people
now include a significant number of individuals
all across Canada, as well as the descendants
of 'Louis Riel's people' of western historical
fame. Legal analysts and policy makers struggle
to find applicable theoretical foundations
and practical responses appropriate for
their goals as they face the surging census
figures that are generated by individual
self-declarations of identity that are not
tied to personal circumstances or acceptance
by the communities or governments.
The conference
is timely. The first two cases dealing with
substantive Metis issues will be heard by
the Supreme Court of Canada in March, 2003,
following two decades of litigation in lower
courts. Metis policy-making is still overshadowed
by uncertainty and contention, including
in its political and Constitutional aspects.
Some of the most contentious issues arise
around questions of identity and definition,
and about the legitimacy of political representation.
The focus of the
conference proceedings will be on the historical,
social and constitutional foundations of
Metis identity and rights; and on the policy
and practical dimensions of negotiating
and maintaining an appropriate place for
the Metis people in the life and public
institutions of Canada.
The conference
will emphasize the participation of Metis
people in its proceedings and structure.
This reflects an emerging appreciation of
the significance of the participation of
Aboriginal people in the development of
law, scholarship, and policy in Canada.
This trend is evident in principles that
have been recently articulated by the Supreme
Court of Canada in aboriginal rights cases.
It was a fundamental principle in the final
report of the 1996 Royal Commission on Aboriginal
Peoples. It is basic to the goals of the
Indigenous Bar Association, and one of the
foundational principles of the IPJI.
PRELIMINARY
AGENDA
NB The
titles of papers and presentations are,
in some cases, working titles assigned to
identify the subject matter.
DAY ONE - June
18 |
| 1:00-
1:30 |
Welcome
and Opening remarks
Ken Coates, Acting Vice Pres. Academic,
U of Sask.
Mark Stevenson, President of the IBA
Overview
of the conference objectives and structure.
Conference Co-Chairs:
Maria Campbell,
College of Arts and Science, U of Saskatchewan
Paul L.A.H. Chartrand, I.P.C., College of
Law, and Academic Chair, Indigenous Peoples
and Justice Initiative, U of Saskatchewan |
| 1:30-
2:00 |
Opening Address
"The
Metis people in the 21st century"
W.Yvon Dumont, former President,
Metis National Council and former Lieutenant-Governor
of Manitoba. |
| 2:00-
5:00 |
Nurturing
Metis Identity through the Arts
Presented by Maria Campbell with Metis
artists and writers
Christi Belcourt:
‘Metis identity expression through art’
Sherry Farrell-Racette:
‘Metis identity and clothing’
Gregory Scofield ‘Identity
of youth in prose and poetry’
Diane Falcon ‘A story
of Falcon’s Song’
Rose Richardson
‘Identity and the environment: Metis medicinal
plants’
|
| 3:00-
3:15 |
HEALTH
BREAK |
| CONCURRENT
SESSIONS |
| 3:15-
4:45 |
An
audio-visual presentation followed by discussion:
“The Geography
of Metis Scrip and the Metis Land Claim to
Northwest Saskatchewan”
Frank Tough, School of Native Studies,
University of Alberta, and MatriX |
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EVENING SESSION |
| 7:00
- 8:15 |
Moderator: Harry
W. Daniels
Topic:
'Riel as hero and symbol in Canada in the
21st century'
Each panelist will offer a 5 minute commentary
on the subject, followed by an interactive
debate between panelists and the audience.
Panel:
Jean Teillet, great grand niece of Riel,
lawyer on Powley case (confirmed)
Rudyard Griffith, Dominion Institute
Tony Belcourt, MNO
Maria Campbell
Others TBA |
|
DAY TWO - June 19,
2003 |
| 9:00
- 9:10 |
Introduction to the day's
agenda and issues:
Paul L.A.H. Chartrand |
| 9:10-
9:30 |
Introduction
and Playing of the Metis National Anthem:
"La Chanson di Bois Brules" ('The
Song of the Metis") created by Pierriche
Falcon on 19 June, 1816. Musical artists and
special guests introduced by Maria Campbell. |
| 9:30-10:00 |
Keynote
Address
How 'the
Metis people' got into s.35 of the 1982
Constitution Act'
Harry W. Daniels,
former President of the Native Council of
Canada, and of the Congress of Aboriginal
Peoples. (Introduced by Murray Hamilton) |
10:00-10:15
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BREAK |
| 10:00-12:00 |
Plenary
Session
Chair: Bradford W. Morse |
| 10:00-10:30 |
"Defining
the Metis People' in s.35 of the Constitution
Act 1982"
Larry Chartrand, Faculty of Law, University
of Ottawa
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| 10:30-11:00 |
'S.35:
The Powley Case in the Supreme Court of Canada
Jean Teillet, Pape and Salter, counsel for
Powleys. |
| 11:00-11:30 |
"Are
Metis Persons 'Indians' within the meaning
of the game laws paragraph in the NRTA (Constitution
Act 1982)?"
Lionel Chartrand, Legal Aid Manitoba, Counsel
for Blais. |
| 11:30-12:00 |
Audience
and Panel: Questions and Discussion |
| 12:00-1:30
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LUNCH
(Luncheon speaker to be announced) |
| 1:30-4:45
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CONCURRENT
SESSIONS |
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SESSION A1
CONSTITUTIONAL AND POLITICAL ISSUES
Chair: Rae Mitten, LL.M. candidate, U of
Saskatchewan |
| 1:30-
3:15 |
"Sovereignty,
liberty, and the legal order of the 'Freemen'
(Otipahemsu'uk) Albert
Peeling, Mark L. Stevenson and Associates,
Victoria
Paul L.A.H. Chartrand, College of Law, U of
Saskatchewan.
Presented by Albert Peeling
"Historical and Legal Overview of Metis
Definitions" John
Giokas, Lawyer and Policy Consultant, Ottawa.
"Provincial Jurisdiction and the Metis"
Mark Stevenson, Lawyer,
Commissioner, Law Commission of Canada
"The Case of the Non-status Indians,
and Metis Definition" Robert
Groves, legal and policy consultant, Ottawa,
and Bradford W. Morse, Faculty of Law, U.
of Ottawa. |
| 3:15-3:30 |
HEALTH
BREAK |
|
SESSION A2
Chair: Wanda McAslin, Native Law Centre,
U of Saskatchewan |
| 3:30-
4:45 |
"Membership
Codes of Metis Political Organizations"
Jason Madden, Legal Counsel, Metis National
Council 'The
Saskatchewan Metis Definition and Registration
Experience'
Murray Hamilton, Gabriel Dumont Institute
"Alberta's
Metis Settlements'"
Lisa Weber, Faculty of Law, University of
Alberta. |
SESSION
B1 HISTORICAL
AND CONTEMPORARY ASPECTS OF IDENTITY
Chair: Ron LaLiberte, Dept of Native Studies,
U of Sask. (to be invited) |
| 1:30-3:15 |
.
"Cores and Peripheries: Metis Identity
Issues in Historical Writing"
Jennifer S. H. Brown, U of Winnipeg,
Dept. of History and Director, Centre for
Rupert’s Land Studies.
"Proto-Metis Community Formation and
the Rise of the Metis People"
Heather Devine, Museum and Heritage Studies
Program, University of Calgary "Metis
Identity in the First Half of the 20th Century:
Oral Accounts of Metis Women Farm Workers
in Ste-Eustache, Manitoba"
Nicole Ste Onge, Dept. of History, U of Ottawa
"The
19th Century Metis Community at Isle a la
Crosse"
Brenda Macdougall, Dept of Native Studies,
U of Sask. |
| 3:15-3:30 |
HEALTH
BREAK |
SESSION
B2
Chair: TBA |
| 3:30-4:45 |
"Metis
Identity in the Contemporary Urban Context"
Chris Anderson, School of Native Studies,
University of Alberta.
"Selkirk Settler and Lagimodiere/Gaboury Myths"
Ruth Swan, Ph.D. Candidate, U of Manitoba
"Concepts of Metis Identity"
Fred Shore, University of Manitoba |
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EVENING
SESSION
DINNER,METIS
MUSIC, ART DETAILS:
TBA |
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DAY THREE - JUNE 20,
2003 |
| 9:00-
12:30 |
IMPLEMENTATION
OF METIS RIGHTS
Chair: Paul Chartrand |
|
9:00-9:05 |
Overview
of agenda for the day
The Chair |
SESSION
1
BACKGROUND PAPERS Background
papers prepared specially for the conference
will be summarized by the authors. |
| 9:05-9:20 |
"Metis
Urban and Rural Residence Patterns"
Professor Evelyn Peters, Dept of Geography
and Canada Research Council Chair, U of
Saskatchewan |
| 9:20-9:35 |
"Metis
Statistics from the 2001 Census: Implications"
Andy Siggner, Chief of Aboriginal Statistics
Section, Statistics Canada |
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SESSION 2
DEBATING METIS POLICY:
Subjects to be discussed may include:
- Provincial and federal jurisdictional
issues in a federal system;
- Government responses to judicial decisions
on Constitutional issues and to the final
report of the Royal Commission on Aboriginal
Peoples (1996)
- Political representation and group rights;
- Implications of Constitutional recognition
for government recognition polic
|
| 9:35-
10:35 |
Panel Debate
Senior Government Officials and Scholars,
and Metis Representatives
Panelists will address several key questions
to be selected and distributed in advance
of the conference. The chair will facilitate
the debate among panelists, who will be
seated in a semi-circle in front of the
audience. Some panelists may provide papers
at the conference.
Panelists:
Fred Caron, Dep. Minister, Aboriginal Affairs
Secretariat, Privy Council Office, Ottawa,
Harvey Bostrom, Deputy Minister, Aboriginal
Affairs, Manitoba,
Donovan Young, ADM, Intergovernmental and
Aboriginal Affairs, Saskatchewan,
Paddy Meade, Deputy Minister, Aboriginal
Affairs, Alberta.
Deputy Attorney-General and Deputy Minister
Responsible for Native Affairs, Ontario
( invited)
Prad Khare, Assistant Deputy Minister, Ministry
of Community, Aboriginal & Women’s Services,
British Columbia
Professor Brad Morse, Faculty of Law, University
of Ottawa.
Tony Belcourt, Metis Nation, Ontario.
Jean Teillet, Pape and Salter, Vancouver.
|
| 10:35-10:50 |
BREAK
and CONVENE IN SMALL DISCUSSION GROUPS |
| 10:50-11:30 |
DISCUSSION
GROUPS
Discussion will focus on the questions debated
by the panel.
There will be a facilitator for each group,
and also a university student recorder who
will summarize the main points of discussion. |
| 11:30-12:20 |
PLENARY
SESSION
Reports from groups will be followed by plenary
discussion.
*A summary of the debate and discussions will
be published with the conference proceedings.
|
| 12:20-12:30 |
Acknowledgments, Closing Remarks, Playing
of the national anthems. |
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