Community Notes

TRANSPARENCY AND ACCOUNTABILITY:

Participants emphasized the importance of ensuring the Tribunal would be free of political interference and influence, and would include mechanisms to hold Elected Officials accountable to their roles and responsibilities. The importance of building trust through transparency, communication and fairness was raised in all sessions.  Comments included:

• Regarding the selection of Tribunal Members:

  • Ensure they are not paid or influenced by the MN-S

  • Select members on a case-by-case basis, with consideration of their ties to community

  • Communicate to citizens how members where selected; the process must be transparent

  • Consider creating a Tribunal Selection Committee

  • Select individuals with traditional knowledge and expertise; do not solely rely on lawyers and academics

  • Educate Tribunal members on what makes matters uniquely Métis

  • Articulate the roles and responsibilities of Panel Members, and consider a committee to oversee their actions

  • Ensure Youth and Elders are included

  • Consider reviving the MN-S Senate

 

• Regarding a lack of trust in MN-S and the accountability of Elected Officials:

  • Articulate the roles and responsibilities of Elected Officials; the Tribunal can address matters when leadership is not fulfilling their responsibilities

  • Consider a process for a ‘vote of non-confidence’, to remove Elected Officials who have not fulfilled their duties

  • Create legislation to avoid frivolous and vexations claims against Elected Officials

  • Develop strong legislation and policies to ensure the Tribunal is accountable and transparent in their decision making process

  • Ensure the Tribunal is built based on citizen feedback to demonstrate the MN-S is listening to citizens; citizens need to feel their voices are heard in order to gain confidence in the Tribunal

  • Mistrust was built on actions taken by previous governments; citizens need to feel their voices are heard in order to gain confidence

  • The Tribunal must be separate from politics when resolving disputes

  • Some Métis citizens still do not have trust or faith in their government

  • Consider a provincial Ombudsperson, Advocacy Office or mediators for the MN-S to address and receive complaints made my citizens

  • The Métis Court can address contraventions to MN-S legislation

  • PMC members are expected to uphold the requirements and conduct themselves according to the PMC Executive Handbook

  • There is too much inner conflict among leaders and how they treat each other

  • Post all PMC and MNLA minutes on the MN-S website in their entirety; PMC passed a motion to do so in 2016 (fact check)[JC1] [JC2] , but they have not been on the website since 2018. Add this requirement to the Constitution

  • All Elected Officials, office staff and those deemed necessary should sign a Code of Ethics, a Code of Conduct and Confidentiality forms and place these in a file.

ACCESSIBILITY AND REPRESENTATION:

It was acknowledged that a ‘one size fits all’ approach would not work for the Tribunal, as there are distinct and unique needs of Métis residing in the North, South, West, East and Central areas of Saskatchewan. Suggestions were made to increase accessibility to the Tribunal, and to ensure that it was built in a way that could reach individuals who may not have the means or ability to travel to urban centres.  Comments included:

•  Select Elder and Youth representatives from each Region

• Use technology (i.e., virtual sessions) to support those who cannot attend in person

• Cost cannot be a barrier to the Tribunal; support citizens

• Include mediators who can speak Cree, Michif, Dene and French

• Move the Tribunal around the province; go to rural communities to adjudicate matters

• Consider those who may not have the financial capability to access the Tribunal; provide financial supports

• Include a mechanism to advocate for people with disabilities

• Ensure this is built in a way that allows for a safe future for our children

• Make sure all MN-S citizens (or all Métis in Saskatchewan) have access to the system

• How will this system be funded?

• What if the applicant to the Tribunal is a spouse or adopted child of a Métis person?

• Empower communities:

o   Each community is unique with its own strengths and needs

o   Review needs with community to determine how to best support them

o   Consider un-elected leaders within community, think about how their natural leadership can support this process

• The Tribunal must have consistent funding and offer a streamlined and focused approach

• Consider having social workers and psychologists on the Tribunal

• Advocate for Harvesting and Child and Family Services matters

• The Tribunal could move beyond colonial decision making, and guide, direct and suggest future actions, laws and practices.

A SYSTEM THAT IS UNIQUELY MICHIF/MÉTIS:

Participants commented on the need to create a system that is not based on a Western or colonial model of justice. The Tribunal must reflect Michif/Métis culture, identity and ways of knowing, and should utilize restorative justice and traditional governance techniques. Comments included:

Regarding alternatives, diversion, prevention and advocacy:

o   Find opportunities to heal, rather than punish; focus on mediation and restoration

o   Review the University of Victoria’s Indigenous Law program

o   Include an Indigenous world view of interconnectedness and restorative law

o   Consider the use of diversion or support circles

o   Sentencing Circles used in Saskatchewan were proven effective in preventing jail time

o   Find ways to encourage traditional Métis ways of life; do not punish for hunting, harvesting and fishing – teach traditional ways to live off the land

o   Include supports to heal and reconnect individuals to families and communities

o   Provide support beyond the adjudication of matters

o   Prison is not an effective way of upholding the law; a Métis-specific model should be considered that allows for early intervention, support systems and a referral process

o   Addictions treatment is needed for many, which feeds directly into crime and recidivism

o   Socioeconomic factors play a role in why some Métis end up in prison; MN-S must find a way to support its citizens and avoid poverty

o   Gang affiliation has infiltrated small towns in Saskatchewan and is stealing our youth

o   Instill pride in our people

o   Advocacy is needed to support citizens in all areas of the justice system

• Regarding family law and services:

o   CFS is not working for Métis people; citizens need to have a say in how Métis families and children are cared for, supported and valued

o   Interventions must be rooted in support, healing and guidance

o   Domestic Violence court currently addresses offenders but does not support victims or ways for families to reconcile

• Include methods of enforcement when laws are broken

• Utilize the Senate or Regional Elders, as they have been traditional used in dispute resolution

• Consult with Elders through the development of the Tribunal

• Incorporate governance from traditional Métis governments (e.g., Laws of the Buffalo Hunt)

• Some Métis people feel ‘safe’ in the colonial system; moving to a decolonized government will take time, education and consistent messaging

• Consider Gladue Factors up front rather than after offences have occurred

• Review the Manitoba Act as part of the development process.

A NEED FOR EDUCATION IN A VARIETY OF AREAS :

​Participants commented on the need for education, in a variety of areas in order to support their understanding of governance, legislation, policy, and justice. Specific topics included:

• MN-S Governance and self-government

• What is a Constitution?

• How does the Constitution of MN-S fit with legislation and policy?

• Historical practices of the MN-S

• Governance training for Locals

• Consider and educate citizens regarding what can and cannot be covered by the Tribunal

• Educate on the fact that the Tribunal would not address citizen to citizen complaints.

 

It was additionally noted that the Gabriel Dumont Institute could offer programs in non-violent communication to allow both citizens and Elected Officials to communicate effectively.

FREQUENTLY ASKED QUESTIONS:

The following questions related to the Tribunal were commonly raised during the consultation sessions (presented in no particular order):

• How can we trust the Tribunal, and ensure it will make fair decisions, free of political influence?

• How will Tribunal members be selected and how will they be paid?

• What matters will the Tribunal address? Can it adjudicate disputes between citizens? Criminal matters? Harvesting or Child and Family Services Disputes?

• What oversight will be in place on the Tribunal itself? Will it be reviewed and monitored on a regular basis?

• How can we create a system that is uniquely Michif/Métis, and not based on colonial models?

• How do we best support our citizens, and ensure they are protected and fairly represented in the justice system? Where are the advocates? How can we prevent our people from going to jail?

• How do we create a system that will rebuild and repair relationships among one another, and create a better future for generations to come?