Indigenous

Manitoba Métis Federation scores $213K in legal fees from Métis National Council

An Ontario judge ordered the Métis National Council (MNC) to pay more than $213,000 of the Manitoba Métis Federation's legal bills on Thursday, after the federation scored an early win this summer in a bitter legal battle between the two former allies.

'The MMF was clearly and overwhelmingly successful on this motion,' writes Ontario judge

A blue and white flag in the wind.
A Métis Nation flag flies in Ottawa in January. (Sean Kilpatrick/The Canadian Press)

An Ontario judge ordered the Métis National Council (MNC) to pay more than $213,000 of the Manitoba Métis Federation's legal bills on Thursday, after the federation scored an early win this summer in a bitter legal battle between the two former allies.

The costs award prompted federation President David Chartrand to accuse the national group of squandering the Métis people's money on frivolous, defamatory litigation.

"The organization is wasting the court's time and the financial resources of Métis people for the sole purpose of destroying reputations," Chartrand said of the MNC in a news release Thursday.

The Manitoba group broke from the national council in 2021, following a long-running dispute with the Métis Nation of Ontario. The split sparked an ongoing lawsuit in the Superior Court of Justice in Toronto.

In early 2022, the MNC sued both the federation and the MNC's former administration, alleging they conspired in a "scorched earth" scheme to strip the council of its assets, enrich themselves and empower the Manitoba group politically.

Chartrand and MMF continue to deny the claims.

A white-haired man stands at a podium with his arms raised.
Manitoba Métis Federation President David Chartrand talks at the annual MMF conference at Assiniboia Downs in Winnipeg in October 2022. (Travis Golby/CBC)

In July, the court sided with the MMF when it shut down the MNC's bid to regain temporary control of some of the assets, namely $8.65 million from a federally funded Métis veterans program and an online history database, until the lawsuit comes to trial.

Justice Robert Centa said the council sought "execution before judgment," a point he reiterated on Thursday, writing that "the MMF was clearly and overwhelmingly successful on this motion" which was of "critical importance" to it.

The underlying claims weren't decided; rather the judge ruled they must be decided properly at trial, not on a temporary basis before.

In an interview on Thursday, MNC President Cassidy Caron vowed to press ahead.

"The awarding of costs does not mean that there was a win or a loss," Caron said. 

"This is a part of the process that we are going through, and we will still be pursuing all of this at trial."

Chartrand hailed the initial rejection as a resounding win and continued to press the point following the latest order.

"Simply put, is this money taken from the kitchen tables of Métis families in Saskatchewan and Alberta?" he said in the release.

"Métis deserve better from those who claim to represent their interests."

More than $250K owed

After the failed July motion, the MNC tried to argue it was "a substantial success," as it secured preservation of the database and production of relevant financial files, which the council asked for in the alternative.

But the judge rejected that interpretation. 

"This was not a case of divided success," he wrote.

"MNC did not get the relief that prompted the motion. MMF was the successful party."

The federation said the MNC also agreed to pay $50,000 following another unsuccessful motion late last month — putting the national organization on the hook for more than $250,000 of their opponents' lawyer bills.

"Of course, it's money for legal that has to go out the door," Caron said when asked how an order of that magnitude could impact the MNC's operations.

A political leader listens during a news conference.
Cassidy Caron, president of the Métis National Council, takes part in an announcement in Ottawa Jan. 12. (Sean Kilpatrick/The Canadian Press)

"We were aware that there would be legal costs throughout this process, but ultimately this is something that we need to do to move forward for the Métis Nation."

The Métis history database and the program that recognizes Métis veterans for their Second World War service remain with the federation, which helped found the national council in 1983 to advocate for Métis constitutional rights.

The judge said not many motions would justify so large an award, but because MNC "started this particular interlocutory skirmish," he was satisfied it's reasonable, fair and proportionate.

ABOUT THE AUTHOR

Brett Forester is a reporter with CBC Indigenous in Ottawa. He is a member of the Chippewas of Kettle and Stony Point First Nation in southern Ontario who previously worked as a journalist with the Aboriginal Peoples Television Network.