Canada says lawsuit by group claiming to represent B.C. Métis should be dismissed

Jackie McKay · CBC News

· Posted: Jun 25, 2025 5:55 PM EDT | Last Updated: 2 hours ago

The Government of Canada says a suit filed by an enactment claiming to correspond Métis successful B.C. should beryllium dismissed arsenic determination is insufficient grounds of Métis rights-holding communities successful the province, according to documents filled successful B.C. Supreme Court. 

The B.C. Métis Federation (BCMF) sued the national government in July 2024 for its refusal to admit the enactment arsenic a typical of Métis radical successful the province.

The suit was filed by the BCMF and 3 of its members who assertion to person ancestral ties to B.C. First Nations or what it claims arsenic historical Métis settlements wrong the province.

BCMF says it has 6,000 members "who hint their genealogy backmost to a historical Métis assemblage successful British Columbia oregon to a Métis assemblage elsewhere successful Canada."

The suit refers to these B.C. communities arsenic "Pacific Northwest Métis."

The suit says BCMF antecedently received backing from national organizations specified arsenic Environment and Climate Change Canada, the Canadian Coast Guard, Natural Resources Canada, and the Federal Interlocutor for Métis and Non-Status Indians Contribution Program.

The documents database 9 examples wherever BCMF applied for programs oregon backing and was refused for not holding conception 35 rights, oregon due to the fact that the Métis Nation British Columbia (MNBC) is the recognized work transportation enactment for Métis successful the province.

Powley criteria 

A spokesperson for Crown-Indigenous Relations and Northern Affairs Canada said the section cannot remark connected the lawsuit due to the fact that it is earlier the court. 

Canada's effect to the lawsuit, filed successful tribunal May 16, says the courts person not recognized a Section 35 rights-bearing Métis assemblage successful B.C., and that BCMF represents radical with and without Métis ancestry. 

The Supreme Court of Canada's 2003 Powley decision laid retired criteria for rights designation of Métis communities. 

In tribunal documents, Canada says the Powley definition says "Métis" means much than individuals with mixed Indigenous and European heritage, and "'refers to a distinctive radical who, successful summation to their mixed ancestry, developed their ain customs, mode of life, and recognizable radical identity' abstracted from their Indigenous and European ancestors anterior to the clip of effectual European control."

In Canada's response, it says the courts person not recognized immoderate Métis rights-holding communities successful B.C. due to the fact that determination is "insufficient grounds of an historical Métis assemblage successful British Columbia astatine the clip of effectual European control." It acknowledges determination are radical successful the state who are members of historical Métis communities successful different provinces. 

Keith Henry, president of BCMF, called the effect from the Attorney General of Canada "disappointing."

"I was really rather amazed by the code and the benignant of condescending views of the lawyer general," said Henry. 

Canada says MNBC is typical for B.C. Métis

In its filing, Canada says MNBC is the typical enactment for Métis radical successful B.C. who are members of historical Métis communities successful different provinces. 

This is partially due to the fact that Canada entered the Canada-Métis Nation Accord successful 2017, successful which the Métis National Council (MNC) and its provincial governing members would beryllium the authorized representatives of the Métis Nation to the national government. 

MNBC has since near the MNC successful November, but was portion of the MNC astatine the clip of the agreement. 

BCMF called the government's statement with MNBC prejudice due to the fact that its members can't entree MNBC services due to the fact that they are not members, and said MNBC's explanation of Métis requires an ancestral transportation to the Red River Métis.

In its filing, Canada says it does not power eligibility criteria by MNBC for its membership, and frankincense is not liable if BCMF members can't conscionable the requirements. Further, the papers says Canada is besides not liable if BCMF members who conscionable the criteria take not to use for MNBC membership. 

Henry said if the only mode to beryllium recognized arsenic a Métis idiosyncratic successful B.C. is through MNBC, "that would destruct thousands of Métis radical that freely take not to privation MNBC to correspond them."

Colette Trudeau, main enforcement serviceman of MNBC, said the enactment applauds the lawyer general's effect to the lawsuit as it upholds the "National Definition" of Métis created by the MNC wide assembly successful 2002 to specify its citizenship criteria. 

"Those who question to redefine who we are oregon make different mentation of our story, lone diminish america all," said Trudeau. 

A connection from MNBC said it does not impede its citizens from registering with different organizations and they volition inactive support MNBC rank if they take to bash so. MNBC said immoderate of its members are besides registered with BCMF.