Canada accused of stonewalling in court challenge to Métis Nation of Ontario self-government deal

The Canadian government is being accused of stonewalling in a court challenge by the First Nations of the Wabun Tribal Council against a recently signed Métis Nation of Ontario (MNO) self-government agreement.

Lawyers for Crown-Indigenous Relations are refusing to release internal documents tied to the deal, derailing the Wabun Tribal Council's request for court disclosure, while the MNO says it plans to try and get the case dismissed, according to letters filed in court last week.

"This is just another example of Canada doing things in secret," said Wabun Tribal Council executive director Jason Batise on Tuesday.

The council represents Matachewan, Brunswick House, Chapleau Ojibwe, Flying Post, Mattagami and Beaverhouse First Nations in northeast Ontario. They applied for judicial review of the MNO agreement in March, disputing the asserted presence of Métis communities in their homeland.

As part of the case, the First Nations asked Crown-Indigenous Relations to hand over all material considered or created by minister Marc Miller, his representatives or his predecessors concerning the Feb. 24 agreement, including all documents and communications.

But Canada's lawyers refused, arguing the documents are "privileged and confidential," protected by settlement and negotiation privilege or subject to cabinet confidence, according to a May 1 letter sent to the Federal Court in Toronto.

The Justice Department argues the document request is "sweeping" and "overly broad," and that First Nations "are not in any way impacted" by the deal, which is limited to MNO governance and not land or harvesting rights, a contention Batise rejects.

"Miller's in some sort of a fantasy land thinking that this is just about internal governance matters with the Métis," he said.

"There is a duty to consult with First Nations on things that impact them. This has a clear and very lasting impact on First Nations rights, and we need to know."

Miller acknowledged the concerns around land rights in brief comments to reporters after a cabinet meeting Tuesday in Ottawa.

"The last thing we want to see is Indigenous communities being pitted against other Indigenous communities because of actions Canada took in the past," he said.

Despite that, and while noting the situation "is fraught with some uncertainty," he pledged to stay the course on the deal, which includes ratifying it through legislation.

"We have a duty to recognize the legitimate right of Métis governments to govern themselves," he said.

"This is their right to do so, and that will be enshrined in legislation."