Government jurisdiction a hot topic

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CALGARY - A two-day haggle over the question of federal or provincial jurisdiction, which at times became bitter and heated, culminated in a decision not to make a decision.

The Metis National Council (MNC) held its annual two-day convention in Calgary last week and the question of jurisdiction dominated the discussions, with Alberta finally proving to be the odd one out who won the day.

Saskatchewan President Jim Sinclair led the discussion on the jurisdiction question, saying the MNC needed to confirm that Metis people fall under federal jurisdiction.

"We have to make a decision here today to stay under section 91.24. I have seen the problems we experience with this confusion. When we try to negotiate with the federal government they say we come under the province and then the province says we come under the federal government. We must make a decision before the First Minister Conference (FMC) coming up in April."

Yvon Dumont, Manitoba president, agreed with Sinclair, saying he had seen this problem coming for a long time and yet no one has made a decision.

"This jurisdiction problem has always been a roadblock and will continue to be a problem as long as it's not resolved. John Crosbie (federal minister of justice) said in 1985 what we are not under 91.24. We asked him to take it directly to the Supreme Court and let them decide but we didn't act. If we had, we would have the decision by now. But now I think it's too late."

Both Western Ontario and British Columbia agreed with Dumont and Sinclair but Alberta took the view that a decision to go under federal jurisdiction might hurt the delicate negotiations currently underway with the Alberta government.

The Alberta government has one of the better rack records for providing services and settlements for Metis people. And negotiations are currently in progress for other concessions including child welfare and other resources.

Several members then suggested that a joint federal/provincial jurisdiction should be considered while others said they were still not ready to make any decision.

On the second day, Alberta delegate and Calgary Zone vice-president, Aurele Dumont, put forward a recommendation to give the work committee a mandate to study the jurisdictional issue and then reconvene the MNC one month prior to the final First Ministers Conference scheduled to be held before April 17, next year.

The recommendation was taken to a vote with Alberta, British Columbia, Western Ontario, and Manitoba supporting and Saskatchewan against.

But despite the successful passing of the recommendation, Saskatchewan's Sinclair wouldn't let go and insisted that the previous day all provinces except Alberta were in favor of coming under federal jurisdiction.

"This decision today leaves the MNC with the old position. It looks like this whole conference has been a waste of time," he said.

Several delegates also expressed concern over who will represent Metis people

at the upcoming FMC. The final FMC will take place this April where it is hoped self-government and the right for Native people to hold a land base will be placed in the Constitution.

"We are going to have to appoint a spokesman on behalf of everybody," said Yvon Dumont.

However, Jim Sinclair disagreed, saying such a decision would be "buck passing," and that it is important that all Metis be presented.

However, after much discussion, no firm decision on who will represent Metis interests was made.

The MNC working committee on the Constitution, headed by chairman Wayne McKenzie, also pleaded with delegates to make a decision whether to continue supporting the MNC after the FMC or to allow it to disband.

"We have to make some decisions here today," said chairman Wayne McKenzie.

But yet again, no decision was made.

The MNC met in Calgary September 25 and 26 and another meeting is scheduled one month before the FMC, but no firm date or venue has been decided.

After the end of the discussions, all presients of the various provinces unanimously agreed that the two-day conference has been productive.

B.C. President Fred House told delegates that the meeting had been one of the best ever because "we didn't end up fighting this time."