Métis Nation of Alberta: Consultation agreement

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Consultation Agreement

Between

The Métis Nation of Alberta
which has incorporated the Métis Nation of Alberta Association
as its legal and administrative arm
as represented by its President
("MNA")

and

The Government of Canada
as represented by the Minister of Indian Affairs and Northern Development
("Canada")

(hereinafter referred to collectively as the "Parties" and individually as a "Party")

Whereas section 35 of the Constitution Act, 1982, states that "the existing aboriginal and treaty rights of the aboriginal peoples of Canada are hereby recognized and affirmed" and "the 'aboriginal peoples of Canada' includes the Indian, Inuit and Métis peoples";

Whereas Canada recognizes the Métis Nation as a distinct Aboriginal people that emerged with its own collective identity, language, culture, way of life, and self-government in the historic Northwest prior to Canada's westward expansion following Confederation and that the Métis Nation continues to exist as a distinct Aboriginal people today;

Whereas the citizens of the Métis Nation who reside in what is now the province of Alberta comprise and are collectively referred to as the Métis Nation within Alberta (the "Métis Nation within Alberta");

Whereas the MNA is mandated to represent its citizens through a centralized registration system by which MNA citizens voluntarily authorize the MNA to promote, pursue, and defend Aboriginal, legal, constitutional, and other rights of Métis in Alberta and Canada;

Whereas the MNA's citizens are represented through the MNA's Provincial Council, Regional Councils, and Local Councils, which work—together—to provide democratic, effective, and accountable representation of MNA citizens across Alberta;

Whereas the MNA, through its registry and democratically elected governance structures at the local, regional, and provincial levels, is mandated and authorized to represent the citizens who comprise the Métis Nation within Alberta, including dealing with collectively held Métis rights, interests, and outstanding claims against the Crown;

Whereas Canada is committed to working on a nation-to-nation basis with the Métis Nation through bilateral, government-to-government negotiations with the MNA to advance reconciliation and renew the Parties' relationship though cooperation, respect for Métis rights, and ending the status quo;

Whereas the Crown has a legal and constitutional duty to consult and, if appropriate, accommodate Aboriginal peoples when the Crown has actual or constructive knowledge of an asserted or established Aboriginal right, interest, or claim that might be adversely affected by contemplated Crown conduct;

Whereas, as expressed in the Principles Respecting the Government of Canada's Relationship with Indigenous Peoples, Canada recognizes that meaningful engagement with Indigenous peoples aims to secure their free, prior, and informed consent when Canada proposes to take actions which impact them and their rights, including their lands, territories, and resources;

Whereas, as expressed in the Principles Respecting the Government of Canada's Relationship with Indigenous Peoples, Canada recognizes the right of Indigenous peoples to participate in decision-making in matters that affect their rights through their own representative institutions and the need to consult and cooperate in good faith with the aim of securing their free, prior, and informed consent;

Whereas the Parties wish to establish a process that will guide consultations when Canada has a legal obligation to consult.

The Parties agree as follows:

1. Purpose

2. The MNA's approach to Crown consultations

3. Canada's approach to Crown consultations

4. MNA-Canada Consultation Agreement Advisory Committee

5. The consultation process

6. General matters

7. Confidentiality

8. Parties may proceed without prejudice

9. Funding for consultations

10. Term of the Agreement

11. Amendment

In witness whereof the Parties hereto have signed this Agreement:
En foi de quoi, les parties ont signé la présente entente:

Métis Nation of Alberta by:
Pour la Nation Métisse de l'Alberta:

________________________________
Audrey Poitras
President, Métis Nation of Alberta
Présidente, Nation métisse de l'Alberta

________________________________
Witness
Témoin

Date:__________________________

Date:__________________________

________________________________
Co-Minister for Métis Rights and Accommodation
Co-ministre des droits Métis et de l'accommodement

________________________________
Witness
Témoin

Date:__________________________

Date:__________________________

Her Majesty the Queen in Right of Canada by:
Pour Sa Majesté la Reine du chef du Canada:

________________________________
The Honourable Carolyn Bennett
Minister of Crown-Indigenous Relations
Ministre des Relations Couronne-Autochtones

________________________________
Witness
Témoin

Date:__________________________

Date:__________________________

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