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March 8, 2013
In a 6 to 2 decision the Court ruled in favour of the Manitoba Metis Federation. The
Court confirmed the Manitoba Metis Federation’s standing in a collective claim for
declaratory relief for the purposes of reconciliation between the descendants of the Mtis
people of the !ed !iver "alley and Canada.
#t paragraph $%%&' This collective claim merits allowing the body representing the
collective Mtis interest to come before the court. (e would grant the MMF standing.
#t page five of the decision'
)ection *+ of the Manitoba Act is a solemn constitutional obligation to the Mtis people
of Manitoba, and it engaged the honour of the Crown. The immediate purpose was to
give the Mtis children a head start over the e-pected influ- of settlers from the east. Its
broader purpose was to reconcile the Mtis’ #boriginal interests in the Manitoba territory
with the assertion of Crown sovereignty over the area that was to become the province of
#lthough the honour of the Crown obliged the government to act with diligence to fulfill
s. *+, it acted with persistent inattention and failed to act diligently to achieve the
purposes of the s. *+ grant. This was not a matter of occasional negligence, but of
repeated mista/es and inaction that persisted for more than a decade, substantially
defeating the purpose of s. *+. This was inconsistent with the behaviour demanded by the
honour of the Crown' a government sincerely intent on fulfilling the duty that its honour
demanded could and should have done better.
#nd at paragraphs0
2That the federal Crown failed to implement the land grant provision set out in s. *+ of
the Manitoba Act, 1870 in accordance with the honour of the Crown.3
2The appellants $Manitoba Metis Federation et al& are awarded their costs throughout.3
4in/s to the )upreme Court of Canada Manitoba Metis Federation decision of
March 5, 26+*.
:dited and Compiled by 4awrence ;ar/well
Coordinator of Metis <eritage and <istory !esearch
4ouis !iel Institute
or http://scc.lexum.org/decisia-scc-csc/scc-csc/scc-csc/en/12888/1/document.do Edited and Compiled by Lawrence Barkwell Coordinator of Metis Heritage and History Research Louis Riel Institute 2 .