What is Bill C-53 and how does it impact the Six Nations of the Grand River Community?

What is Bill C-53?

The legislative process for Bill C-53 is already underway, having been introduced to the federal House of Commons last summer. Despite this, the government is persisting with its course of action, which is causing significant concern as it has the potential to permanently harm the inherent and treaty rights of First Nations.

This agreement is between the Government of Canada and the Métis Nation of Ontario’s (MNO) and it recognizes large areas of existing First Nations’ territories as the “Historic Metis Nation Homeland” – ranging from Manitoba, Saskatchewan, Alberta, parts of Ontario, British Columbia, and northern US. First Nations standing in opposition because the illegitimate Metis communities represented by the MNO have no historical basis and do not meet the legal threshold to be recognized as having rights.

If given Royal Assent, this legislation will affirm that all Metis Communities Represented by the MNO have the right to self-determination, including the right of self-government under section 35* of the Canadian Constitution Act. The legislation will also recognize MNO as a Métis Government and an “Indigenous” Governing Body.

Canada claims the Bill C-53 won’t affect First Nations rights and that the MNO should be able to claim their own Indigenous rights. Six Nations of the Grand River is not against Métis people and reject all claims of lateral violence. We’re against the hurried government-driven changes, but that doesn’t mean we oppose the rightful rights of the actual Metis people. The Metis identity isn’t just about mixed race or hybrid First Nations background; it refers to a specific cultural community with a clear origin.

Canada should be focusing on protecting legitimate Métis rights and fixing the Indian Act to remove the barriers for First Nations to govern with our own laws, rather than enabling MNO to take advantage of the disruption cause by the Indian Act.

First Nations are still in the process of reclaiming our citizens and revitalizing our self-governance structures because of colonial policies of the Indian Act. Métis Nation of Ontario’s (MNO) is using the Indian Act to falsely claim individuals with ties to First Nations to “create” historical rights-holding entities that never existed.

Bill C-53 is a form of modern colonization. It is not an acceptable step toward reconciliation for First Nations or legitimate Métis rights-holders. Canada is not the holder of rights and titles in our territories and does not have the authority to create new section 35 rights-holding entities with “jurisdiction” in our territories without consulting First Nations.

*What is Section 35? Section 35 of the Constitution Act, 1982, acknowledges and protects the rights of Indigenous peoples in Canada, including their traditional and treaty rights. It’s a crucial part of the constitution that recognizes and respects the unique rights of Indigenous communities.

The Recent Developments of Bill C-53

  1. Six Nations of the Grand River community attended the rally in Ottawa, facilitated by Chiefs of Ontario and First Nations Rights at Risk, to share their strong opposition against Bill C-53 legislation. However, even though many Indigenous groups have shown a huge opposition against this bill, the government is continuing to proceed with this legislation.
  1. Assembly of First Nations (AFN) endorses the fight in Ontario against Bill C-53: https://www.cbc.ca/news/indigenous/first-nations-ontario-m%C3%A9tis-protest-1.6973247
  2. Six Nations of the Grand River submitted a briefing to the House of Commons Standing Committee on Indigenous and Northern Affairs on November 17, 2023
  3. At the Chiefs of Ontario (CoO) Special Chiefs Assembly, CoO’s Justice sector gave an update on their work on Bill C-53
  4. Within this update, CoO mentioned that they have found out in their efforts for political advocacy with Canada that this bill has full party support regardless of the strong opposition from First Nations. This means that regardless of the intensive work done to halt Bill C-53, Canada is going to proceed to pass the bill with full support from all political parties.

To learn more about Nishnawbe Aski Nation’s efforts to oppose Bill C-53: https://www.cbc.ca/player/play/2279353923907

To learn more about the Wabun Tribal Council efforts to oppose Bill C-53:

https://www.cbc.ca/news/indigenous/canada-ontario-m%C3%A9tis-self-government-1.6837535

Impact on Six Nations of the Grand River, if Bill C-53 is passed:

  1. If passed, there is a large risk to all First Nations’ land rights. The MNO will likely continue to make land claims on First Nations territories. This is already happening to First Nations within the Ontario region. Here is a recent example with Temagami First Nation (TFN): Legal Action over Pond Lake Cabin: https://www.pentictonherald.ca/spare_news/article_ba3c1423-341e-547e-8c8d-0c54febab4fa.html
  1. Another threat for SNGR related to the passing of Bill C-53 surrounds the Crown’s fiduciary duty, in other words, funding. Current funding models from Canada to First Nations are already discriminatory and barely cover the basic needs of First Nations communities. Adding an entire “Indigenous” group, the MNO, to be eligible for “Indigenous funding” pots currently received by First Nations creates further competition for funding and could lead to less allocation of federal funds to SNGR.
  1. Assigning section 35 rights to illegitimate Indigenous groups weakens the legitimacy of all Indigenous peoples’ rights, including existing Metis communities who also oppose Bill C-53.  Learn how the Manitoba Métis Federation (MMF) is supporting First Nations stance against MNO: https://www.mmf.mb.ca/news/special-statement-from-minister-will-goodon-bill-c-53-rewards-indigenous-identity-theft
  1. The Government of Canada has a duty to consult, and where appropriate, accommodate Indigenous groups when it considers conduct that might adversely impact potential or established Aboriginal or treaty rights. Including a new “Indigenous” group, the MNO, to the Government of Canada’s accepted definition of “Indigenous” would allow the Government to check a box of consultation with Indigenous peoples when only consulting with the MNO – who would, evidently, not represent the best interests of SNGR, or other First Nations. If Canada passes Bill C-53 they can also use this as a tactic to water down already lacking “consultation” efforts with legitimate Indigenous communities.

Learn more about how the Wabun Tribal Council opposing recognition of the MNO: https://www.cbc.ca/news/indigenous/wabun-tribal-council-ontario-metis-judicial-review-1.6828523

For more information about Bill C-53:

www.chiefs-of-ontario.org fnrightsatrisk.ca

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