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Supreme Court of Canada: MMF Land Claim Decision March 8, 2013

Supreme Court of Canada: MMF Land Claim Decision March 8, 2013

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The Supreme Court of Canada Decision on the Metis Land Claim, March 8, 2013.
The Supreme Court of Canada Decision on the Metis Land Claim, March 8, 2013.

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Categories:Types, Research
Published by: Lawrence J. Barkwell on Mar 08, 2013
Copyright:Attribution Non-commercial

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01/24/2014

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Supreme Court of Canada: Metis Land Claim DecisionMarch 8, 2013
In a 6 to 2 decision the Court ruled in favour of the Manitoba Metis Federation. TheCourt confirmed the Manitoba Metis Federation’s standing in a collective claim for declaratory relief for the purposes of reconciliation between the descendants of the Métis people of the Red River Valley and Canada.At paragraph [44]: This collective claim merits allowing the body representing thecollective Métis interest to come before the court. We would grant the MMF standing.At page five of the decision:Section 31 of the
 Manitoba Act 
is a solemn constitutional obligation to the Métis peopleof Manitoba, and it engaged the honour of the Crown. The immediate purpose was togive the Métis children a head start over the expected influx of settlers from the east. Its broader purpose was to reconcile the Métis’ Aboriginal interests in the Manitoba territorywith the assertion of Crown sovereignty over the area that was to become the province of Manitoba….Although the honour of the Crown obliged the government to act with diligence to fulfills. 31, it acted with persistent inattention and failed to act diligently to achieve the purposes of the s. 31 grant. This was not a matter of occasional negligence, but of repeated mistakes and inaction that persisted for more than a decade, substantiallydefeating the purpose of s. 31. This was inconsistent with the behaviour demanded by thehonour of the Crown: a government sincerely intent on fulfilling the duty that its honour demanded could and should have done better.And at paragraphs;[155]“That the federal Crown failed to implement the land grant provision set out in s. 31 of the
 Manitoba Act, 1870
in accordance with the honour of the Crown.”[156]“The appellants [Manitoba Metis Federation et al] are awarded their costs throughout.”Links to the Supreme Court of Canada Manitoba Metis Federation decision of March 8, 2013.http://www.metisnation.ca/wp-content/uploads/2013/03/Metis_en.pdf 1

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