'Huge victory' for North Slave Métis Alliance in court battle with gov'ts, says president

The president of the North Slave Métis Alliance is celebrating after winning what he says is the most important court case in the group's history against the federal and territorial governments.

A federal court judge ruled Thursday that both governments failed to properly consult the North Slave Métis Alliance — one of two existing Métis groups in the N.W.T. — while negotiating a land claim with the other Métis group.

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"This is a huge victory," said Bill Enge, the president of the North Slave Métis Alliance.

"It allows the North Slave Métis people to live and exist forever on the north side of Great Slave Lake, and assert our Aboriginal rights here forever."

The North Slave Métis Alliance was not consulted enough during a land claim negotiation between the two governments and the Northwest Territories Métis Nation two years ago, the judge ruled. 

The negotiations included giving the N.W.T. Métis Nation $69.4 million as well as rights to a large swath of land — 25,194 square kilometres — in the South Slave region. 

Enge argued the Crown also intended, in a final agreement, to include a clause in which anyone eligible to be a member of the N.W.T. Métis Nation extinguishes their Aboriginal rights in exchange for the rights and benefits in the agreement — that would include people in the North Slave and South Slave regions. 

Enge argued that the wording of the clause could extinguish some North Slave Métis Alliance members' hunting rights.

The Agreement in Principle was signed in July 2015.

"The Government of Canada completely missed the point about doing a proper ... claim assessment," said Enge.

Judge agrees

In an 80-page judgment, the judge agreed with the North Slave Métis Alliance that the agreement was a direct threat to its members' Aboriginal harvesting rights, which have been recognized under the 1982 Constitution Act.

"Canada also misapprehended the severity of the potential impact that a final land and resources agreement negotiated… would have on the Aboriginal rights of the [North Slave Métis Alliance] members," wrote the judge in the decision.

Enge said it's time for both governments to recognize his Métis group, and to "respect and to start negotiating" with them.

The judge ruled that no negotiation of a final agreement with the N.W.T. Métis Nation can be concluded until the governments thoroughly consult the North Slave Métis Alliance and accommodate their harvesting rights north of Great Slave Lake.

The president of the N.W.T. Métis Nation says the judge made a "fair decision."

"They deserve to be consulted, they hold Aboriginal rights," said Garry Bailey.

Bailey said he doesn't believe the ruling should slow down the process of achieving a final agreement.

"I don't think it should slow us down much at all," said Bailey. "We're all fighting for the same thing."