[41], Edmund Burke Wood, who came to Manitoba in 1874 after a legal and political career in Ontario and an appointment to the Chief justiceship in Manitoba, was hardly the figure to give the Métis confidence in the administration of justice in Manitoba. • Barkwell, Lawrence J., Leah Dorion, and Audreen Hourie. Also Report of the Minister of Justice, 27 February 1874, page 779. [12] This bill was rejected because of the complaint that it made the people of the province look ignorant, and in its place Donald Smith proposed the ‘Half-breed Land Protection Act.’ Contending that the Métis did not have the same experience as others in dealing in commercial land transfers and did not know the value of the land, the supporters of the bill argued that the Métis needed protection. Douglas Kemp, The Department of the Interior 1873-1883, (M.A. … In so far as this study reflects upon the role of the federal government in the administration of the Manitoba Act, one can conclude that if the dispossession of the Métis land was not a part of a conscious design on the part of the federal government, it was certainly facilitated by irresponsible neglect. This coup was quickly diffused by Joseph Royal, the most prominent French politician in Manitoba and second minister in the cabinet, who then took advantage of the French Métis discontent and set about to defeat the present ministry and create a new cabinet with himself as Premier. Hodgins; op. [18] While the bill was passed in the legislature, it did not go into force. The amendment stated that unless the Métis, having sold his land, returned the money at 12% interest to the purchaser within three months of the date of the passing of the act, the sale would be valid. [25]. Provincial legislation dealing with Métis land falls into three basic categories: 1) those acts such as the ‘Half-breed Land Protection Act’ which established the legality of Métis land transactions, 2) acts such as the ‘Infant Estates Act’ which set out regulations as to the procedures to be followed in court for the transfer of real property, and 3) retroactive acts legalizing past irregular and illegal sales to prevent litigation. Roy St. George Stubbs, “Hon. One of these, General Order number 13, expressly adopted the General Orders of the Court of Chancery for Ontario, numbers 517 to 537, of which 527 to 536 dealt explicitly with infant lands. Also see D. N. Sprague, “The Manitoba Land Question 1870-1882,” Journal of Canadian Studies Vol. Commission of Inquiry, Testimony of Heber Archibald, 23 November 1881. Anderson outlined how First Nations … Read More. In the 1950s an MA thesis by Douglas Kemp studied the workings of the Department of the Interior and came to the defense of the federal government, arguing that the early delays and confusion surrounding the Métis land grant did not represent devious political maneuvers or evasions, but a problem of administration. Manitoba Historical Society E. M. Wood, counsel for the Chief Justice, was present at all hearings, never allowing the commission to attribute any improprieties to the Chief justice. The effect of this law between 1874 and 1877 has received various interpretations. The government, Kemp concluded, discharged its obligations completely and faithfully, but its policies for doing so were largely misunderstood and criticized. 1. These last sales through the court had been initiated in early 1881 when Robert Gerrie, a merchant of Winnipeg, had gone to Norquay and asked if any bill was to be put through to throw Métis land open. Joseph N. Charette and farm buildings, St. Norbert, circa 1890Source: Archives of Manitoba. The listing is meant to provide first-time researchers with some of the key secondary sources on Métis scrip. 17. Their descendants formed a distinct culture, collective consciousness and nationhood in the Northwest. Based on an analysis of roll call votes and composition of the Manitoba Legislature, 1870-1882. Though delayed by the need to take a census and have the land surveyed, distribution and the drawing of lots were scheduled to begin in 1873. Background. It enshrines the promises and obligations that Canada has to the Métis people. Métis traders, circa 1872Source: Archives of Manitoba, Boundary Commission (1872-74) 165, N11932. 37: Reported in the Commission of Inquiry 1881. These promises represent the terms under which the Métis agreed to surrender their claims to govern themselves and their territory, and to become part of Canada. [29] These orders adopted a detailed procedure and established conditions under which infant lands could be sold through the court so as to protect the infants’ interests. cit. The child was to appear before a judge in chambers and if above seven years of age examined alone upon the matter of the petition and his consent. [45]. Another section of the same act declared that in all sales, alienations, conveyances and half-breed assignments made or intended to be made under sections 3, 4, and 5 of Chapter 42 of the Consolidated Statutes of Manitoba, including all powers of attorney and sales made by them, the proper parties had joined therein and that the child had been eighteen. ; Report of the Minister of Justice, 31 May 1878, page 822. 14. Dann li bwaa Ibid., Commissioner’s closing comments, 5 December 1881. The confusion and gross errors in judgement reflected the lack of familiarity with local institutions, customs and conditions. Métis see themselves as a nation, unified by common traditions, history, the Michif language and even a distinctive national flag—a white infinity symbol on a purple background. This commission turned up a mass of incriminating evidence, but at no time was it regarded as a vehicle of remedying the errors of the court or enquiring into the behaviour of any particular judge. Red River Settlement was a colony built at the forks of the Red and Assiniboine rivers long before Confederation. Protection of the Métis from land speculators was further threatened when in 1878 a bill was introduced “to enable Certain Children of Half Breed Heads of Family to convey their Land.” When introduced, it provided that Métis over the age of eighteen could sell their land without their parents’ consent and that children aged fifteen to eighteen (the age of majority was twenty-one) could sell with parental consent and after examination before a judge. The sale becomes even more suspect when one realizes that neither of the Carriere children nor their parents had seen the land, that the price was set by Bonneau, that neither of the children was in dire need and both were going to school. Thomas Scott, an insurgent Irish-Protestant who was one of the leaders of the … We are hiring for the following positions: The actual practice that sprang up under these conditions was initiated and set by the Chief justice and followed by the other judges subsequently admitted to the Bench. 49. Chief Justice Wood, under whom the practice had originated, was well aware of the illegality of these orders and even admitted that when he passed claims in court he would often tell the purchaser that the claims were subject to being declared illegal. The Manitoba Act of 1870, which brought Manitoba into Confederation, recognized Métis [1] aboriginal rights by way of their Indian ancestry and granted 1.4 million acres of land “for the benefit of families of half-breed residents.” It also assured all the native inhabitants of Manitoba that the land they already occupied would not be jeopardized by the transfer of the west to Canada. Thesis, University of Manitoba, 1948), pages 78-81; and “Land Grants under the Manitoba Act,” HSSM Transactions Series III number 9 (1954). Darlene Birch is a Métis elder who lives in Manitoba, the homeland of the Métis nation. Manitoba Free Press, 4 February 1878. In making these post 1878 orders for sales, the judges dispensed with most of the safeguards provided for in the terms of the act and General Orders of 1875 for the protection of the infant. Co-founder of the province’s Metis Federation, George … 4 (1980). Saskatoon: Gabriel Dumont Institute, 2006. ▶️ Policy Analyst [10] As soon as the word got out that land allotments were to be made, wide scale speculation in adult Métis claims began. Guy A. Lavallée is a Métis priest who conducted a series of 65 interviews while investigating the origins of Michif in the St. Laurent, Manitoba, region. In general the first two types of legislation were on the books before 1879 with retroactive legislation following thereafter. Our new edition about Women in the Métis Nation is now available online here: https://bit.ly/2OEHJLC, If you’ve had the pleasure of experiencing Buck Anderson’s Metis Music Van, you know to listen for it before you look for it. It is significant that a week before the bill was given assent, a letter to the editor of the Manitoba Free Press from the Law Students’ Society of Manitoba declared that at a recent meeting they had resolved “that the assignment of the right of a half-breed child of his or her share of the 1.4 million acres of land set apart for such children by the Statutes of the Dominion made by the said child between the passing of said act and the issue of patent to him or her for such a share is voidable.” The main point, the letter went on to say, was that all local acts passed in the interim and before the issue of patents were voidable at law and equity. By the end of 1879 the coalition of the French, the Métis and old settlers was no longer a part of the political scene. Manitoban, 15 March 1873, Reports of debate in the Legislature. Under the authority of this section, on 10 February 1875 Chief Justice Wood and the judges of the Court made and promulgated certain general orders as to procedure. Some of these conditions were: that on petition for sale by the guardians of the infants, the nature and value of the land and the circumstances of the infant which justified the sale had to be stated; that the relief desired had to be stated specifically, as did the scheme proposed for the appropriation of the proceeds; and that the sale had to be in the interest of the infant, whether for his/her maintenance or education. 10. This amendment, introduced by Robert Davis, the premier of Manitoba and a moderate English representative, provided that any sale made or executed by deed after this act came into effect would be legal and effective for all purposes. This astounding piece of retroactive legislation declared every order made or to be made by the Court of Queen’s Bench, or by any judge thereof, for the sale of infant lands to be valid. 51. 6. The interest of the infant was to be the only consideration. When the ‘Infant Estates Act,’ also drawn up by Chief Justice Wood, was passed in 1878, the court was given a wider jurisdiction to order sales or other dispositions, to which the Orders of 1875 were in turn immediately applicable. History of Manitoba, The Province. This new practice continued until 1880, when the judges, realizing that the irregularities of the sales through the court opened the way for litigation, agreed that all further applications for sales would be refused. This was coupled with blatant illegality in the courts. The land that we now call Manitoba has been home to Indigenous peoples for thousands of years. Statutes of Manitoba, 1878, 41 Vict., Chapter 20. Metis fiddling can be described as the incorporation of First Nations, Scottish, and French-Canadian rhythms, but with a unique Metis beat. It was not in always in shame; it was often the only mean to survive the genocide of the continent's indigenous peoples, especially during the dark years of the Deportation of the Acadians (Le … A number of French Métis led by Charles Nolin were determined to bring down the Norquay Government and replace the French Canadian members in the cabinet with French Métis. The Daily Times found it extraordinary that the integrity of the Chief Justice was held in question, and doubted the legality of the commission. October 22, 2020. Statutes of Manitoba, 1874, 38 Vict., Chapter 12. 30. After 1878 sales of infant lands numbered in the thousands, with most of them passing through Chief Justice Wood. [30]. 23. The reaction of Winnipeg newspapers to the findings of the inquiry was almost one of indifference. Figure 1. Do NOT follow this link or you will be banned from the site. Reginald Wood, the son of the Chief justice, worked as an agent of A. W. Ross, buying up Métis land, often doing it in the name of M. B. Statutes of Manitoba, 1879, 42 Vict., Chapter 27. Not only did they agitate as a group for a quick settlement of their land grant, protection from the encroachment of Ontario settlers and their traditional hay privilege, but after 1874 they voted as a block in the legislature on all issues dealing with land and other traditional rights. [44], On 25 October 1881, Justice Miller, discovering that Chief justice Wood had passed more irregular orders, brought it to the attention of the Attorney General. The collusion between the Manitoba government, the judges of the Court of Queen’s Bench, and land speculators, is further illustrated in the operation of the Wood family. As early as 1879 an amendment to the ‘Infant Estates Act’ [34] provided for payment of monies from infant land sales directly to the father. Wood, his brother, who worked in the Dominion Land Office. During Norquay’s absence a long simmering hostility between the French Métis and the French Canadians erupted. | Selkirk Record, Join the MMF team! W. E. Hodgins, Dominion and Provincial Legislation 1867-1895 (Ottawa: 1896); Lt. This opinion was refuted by the testimony of Justice Dubuc, Justice Miller and T. B. Robertson, who claimed that the Orders, having been made under the authority of the ‘Court of Queen’s Bench Act,’ were law and therefore binding on all judges. The capstone of all this retroactive legislation regarding Métis land was assented to on 2 May 1885. [28] The same act in section 8 gave the judges of the Court of Queen’s Bench authority to make general orders or rules expedient for the settling of forms, practice and procedure of the court. 45. The actual drawing of lots did not take place at this time and eligibility in this land grant was to change a number of times with some significance. Manitoba Métis elder Darlene Birch says she's not surprised her people are being excluded, but hopes she can get the vaccine soon. Governor Morris to the Sec. In trying to protect these rights, English and French Métis thereafter voted together on all issues that threatened traditional rights and their land. In newspapers of the day one finds criticism of the federal government, sometimes for delaying the land grants and causing confusion as to who was eligible, [3] sometimes for tying up land from settlement by reserving blocks of land for the Métis. The Manitoba Act of 1870, which brought Manitoba into Confederation, recognized Métis aboriginal rights by way of their Indian ancestry and granted 1.4 million acres of land “for the benefit of families of half-breed residents.” It also assured all the native inhabitants of Manitoba that the land they already occupied would not be jeopardized by the transfer of the west to Canada. The provincial government, in passing acts allowing assignments and empowering the sale of land in equity before the issue of patents, was acting contrary to common law, and in the absence of any Dominion Statute allowing assignments, these acts were in direct opposition to Dominion Law annuating Provincial Acts. Wanting to free the Métis reserves for settlement, Cornish proposed to abolish the ‘Half-breed Land Protection Act’ of 1873. [2] This dispossession of Métis land raises questions as to the culpability of the federal government in administering the Manitoba Act, and the administration of justice in the Province of Manitoba. St. Laurent has had an interesting history and a unique Métis culture. The ministerial crisis of 1879 and the following election in the same year wiped out all Métis political power. This legislation became crucial since all Métis children had been granted a portion of the 1.4 million acres provided for in the Manitoba Act. The federal government, despite the questionable constitutionality of the previous acts and the obvious disregard for Métis land rights, allowed this act to stand. Statutes of Manitoba, 1878, 41 Vict., Chapter 7. ; Report of the Minister of Justice, 7 October 1876, page 804. “This is about, certainly, more than the Métis people of Manitoba,” Gary Lipinski, of the Métis … When T. B. Robertson, counsel for the Attorney General’s Department, attempted to present a summation tying the evidence together, the commissioners ruled that the commission did not have the authority to hear the report. 2. [17] Opposition to the amendment by people like Joseph Royal commented that whereas the ‘Half-breed Land Protection Act’ had protected the Métis from the speculator, this amendment removed all protection. In the debate which defeated the motion, John Norquay proclaimed that all Métis had voted against the measure. 13. 22. Subsequent legislation relating to Métis land consisted mainly of a mopping-up operation legalizing past sales not covered by the quieting of titles act of 1881. 42. 15 No. [23] This act, while it made provision for the alienation of lands and allowed Métis children of the age of eighteen to sell their land, did represent a significant modification to the original proposal. According to this view the Métis, getting nothing for their claims, should have been at liberty to sell as often as they could find purchasers. For a city that likes to celebrate its Métis roots, there was so much harm done to the community over the 150 year history of Manitoba, with one … Winnipeg, MB in the Homeland of the Métis Nation – In the Keeyask/Bipole III report released today, Commissioner Brad Wall outlines a number of findings and recommendations specific to the impact of the projects on First Nations in Manitoba, but fails to consider … Read More, Winnipeg, MB., in the Homeland of Métis Nation – Today, Dr. Marcia Anderson and Dr. Joss Reimer delivered an update on the First Nations vaccination program in Manitoba. If you are a Métis citizen & want to participate visit our website: https://bit.ly/3qgEuqP, Le Metis is the MMF's biweekly newsletter, keeping you up-to-date on the latest Métis news, events, and employment opportunities. Founded in 1967 by a group of forward-thinking Metis who realized that it was necessary to stand up and fight for the rights of the Metis people of Manitoba. The Minister of Justice, recognizing the need for protection of Métis interests, recommended that the bill become law with the machinery for land sales to be corrected later. However, while the Métis controlled political power in Manitoba until 1879, they had little control over the courts; the judicial system was instead almost completely controlled by settlers from central Canada. 47. The Manitoba Act or 1870 provided substantial land grants to the Métis at Red River. Taking as his guideline the provisions of the Manitoba Act of 1870 and the order in council of 25 April 1871, [8] Lieutenant Governor Archibald began to make provisions for the distribution of the 1.4 million acres to all Métis adults and children. It also stated that all old transactions were governed by the old act. This section contains links relating to Métis Studies, Native Studies, Canadian History, Genealogy, Archaeology, and the Michif language. Scrip, however, was much more easily alienated or transferred than a grant of land. 43. A complex series of legislation, beginning with the Manitoba Act of 1870, provided for the settlement of claims arising from Indigenous rights to land in western Canada. The assembly met in early 1879 but adjourned so that Norquay and Joseph Royal could travel to Ottawa to negotiate a better financial arrangement for the province. Statutes of Manitoba, 1877, 40 Vict., Chapter 5. [48] In this manner Métis legal and land rights were dismissed and forgotten. The MMF Metis Employment & Training Recruitment (MET Recruitment) is licensed under Manitoba’s Employment Services Act as an employment agency. Children of Métis politician Angus McKay, Berens River, Manitoba The Métis people originated in the 1700s when French and Scottish fur traders married Aboriginal women, such as the Cree, and Anishinabe (Ojibway). John Norquay, an English Métis himself and a respected spokesman for the moderate English interests in cabinet, supported the bill in principle but objected to the retroactive nature of it and the cancellation of bargains already made. Our image gallery offers a wonderful glimpse into its past. Further, all deeds, powers of attorney and agreements respecting lands made or here-after made by a child, were deemed to have always been executed as if the child had a full and absolute estate. After the government crisis of 1879 and the consequent loss of Métis political power, even recourse to the courts for redress in the matter was ruled out in almost all cases. For more on the crisis of 1879 see Gerald Friesen, “Homeland to Hinterland: Political Transition in Manitoba 1870-79,” The Canadian Historical Association Historical Papers, 1979. Ibid., Testimony of Heber Archibald, 28 November 1881. As the MNC was drafting a bill of rights, Protestant settlers rallied to oppose the provisional government. The only change this act made in the procedure established in 1875 was in section 22, which dispensed with the necessity of introducing the infant before the court. 40. These petitions contained almost no information as to the circumstances of the infant or estate, and were invariably on almost identical printed forms. [52] This piece of legislation virtually eliminated recourse to the courts and throughout the 1880s sales of Métis land continued under these conditions. one in the Kettle Hills Blueberry Patch and another in between Caribou River Provincial Park and Wapusk National Park. The ‘Manitoba Land Question’ has generally been approached and studied in relation to the role of the federal government in administering sections 31 and 32 of the Manitoba Act. He designed the Museum of Canadian History and did the building designs for the Oujé-Bougoumou community of the James Bay Cree. cit. It is interesting to note that R. P. Wood, the son of Chief Justice Wood, though under eighteen years of age, was employed by the law firm of A. W. Ross to purchase “minor claims.” Napoleon Bonneau was similarly in the employ of Ross and had been making a living for the preceding eight years buying Métis claims. The record here is one of generally protective legislation until 1878 and an almost total disregard for Métis land rights thereafter. A commission appointed in 1881 to investigate the administration of justice in regard to infant lands was more concerned with closing any loopholes that might cause litigation than in rendering justice to the Métis. The hearings, held from 9 November to 5 December 1881, were conducted by T. A. Bernier (farmer, lawyer, Superintendent of Education and Registrar of the University of Manitoba), Fredrick McKenzie (lawyer and later appointed Manitoba’s first Queen’s Counsel) and S. Blanchard (another lawyer). Ibid., Testimony of Robert Gerrie, 21 November 1881. [15] With this recommendation the bill became law in February of 1874. 13 (1958). Frequently intoxicated in public, constantly in financial difficulty, and at one point indebted to John Christian Schultz, Wood was not always above reproach. A patent would then be issued. For queries on the above page, please contact the MHS Webmaster. Practice in the courts is examined after 1877, when infant lands began to be sold through the courts. These provisions aroused almost total opposition among Métis and French Canadians in the legislature. These records show that Manitoba’s Métis population dropped from 83% in 1870 to a mere 7% in 1886. The purpose of this paper is not to prove or disprove either of these arguments but to change the focus of the investigation and examine the neglected provincial aspect of the alienation of Métis lands through a study of provincial legislation. “He was the Premier, and it was the law, he said, that [they] should pass.” When Gerrie was asked during the commission hearings if he were enlisting the whole government in his enterprise he replied, “Of course.” [40]. 20. Commission of Inquiry into the Administration of Justice as to Infant Lands and Estates, 20 December 1881, Unpublished Manitoba Sessional Papers on microfilm at the Archives of Manitoba. [4] Commentators also complained about the unscrupulous speculators who were taking advantage of the unwitting Métis, [5] but the problems associated with federal government administration of the land received more attention. Commission of Inquiry, Report of Robertson. Statutes of Manitoba, 1875, 38 Vict., Chapter 37. [55] The Métis land grant, regarded by the courts, judiciary, and the incoming Ontario population as improvident and contrary to modern development, had to be appropriated legally or illegally. ▶️ Metis Community Liaison Worker [20] The act did, however, provide some protection in that its implementation was delayed six months in the hope that the allotments would be made by then. Source: Archives of Manitoba, According to evidence presented to the Commission of Inquiry, Chief Justice Wood, on passing these claims, did not even look at the papers. General Orders of the Court of Chancery for Ontario made 30 June 1853: Ord. Dive into the fascinating French-Canadian history of Saint-Boniface (or St-Boniface), capital of French Manitoba – the historical centre of the French-Canadian and Métis communities in Western Canada. [32] Practice in the courts, according to one legal opinion of the day, amounted, to no more than a request made by the speculating purchaser and the stupid and improvident and illiterate parent of the infant that the court will step in and remove the protection which the law wisely affords to the young and depriving the latter of his property, divide it between the speculator and the parent, and the court has habitually done what was asked and made orders for the sale of infant lands at the price offered by the purchaser without further inquiry, empowering the parent to convey the lands to the purchaser. The Gabriel Dumont Institute does not endorse or is responsible for the content linked on these external sites. Upon this petition the court could either grant the relief asked for, or order such further evidence as the case required. Winnipeg Daily Sun, 21 November 1881. Our Métis history may be old in our eyes, but it is very young compared to the rest of the world. of State, 15 March 1873. Block voting by the English and French Métis effectively controlled the legislature to minimize the victimization of the Métis until 1879. ▶️ Engagement and Consultation Facilitator See Louis Schmidt: A Forgotten Métis in Riel and the Métis Ed. Métis legacy series, v. 2. 8. Métis legacy Michif culture, heritage, and folkways. The results of the process, he asserted, demonstrated extreme generosity accorded by the Department of the Interior. When the provincial legislature began its session in January of 1877, dissatisfaction with the delay of the allotments of land to the Métis dominated the early debate. As a citizen of … Read More, The MMF is working on two Indigenous Protected and Conserved Areas. Commission of Inquiry, General Testimony. When the final allotment was made in 1876 this had evolved so that Métis children in Manitoba were given an outright grant of 240 acres of land while Métis heads of family were granted 160 acres in scrip.