Introduction: The Independent Ones

The story of Métis self-government is the story of a people who call themselves Otipemisiwak—the Independent Ones. It is a narrative that fundamentally challenges conventional understandings of Indigenous history and Canadian confederation. Métis self-government is not a modern construct or a right granted by the Canadian state, but the contemporary expression of an inherent right to self-determination that has been continuously asserted since the formation of the Métis Nation.

Part I: The Genesis of a Nation (c. 1750-1869)

The Métis people emerged from the North American fur trade, the descendants of unions between First Nations women and European men. This identity is not merely a matter of mixed ancestry; it is rooted in a conscious political decision to form a new society based on shared kinship, a unique culture, and a common history within the Métis Nation Homeland. Perhaps the most profound cultural creation was the Michif language, a true mixed language combining Cree verbs and French nouns.

The name Otipemisiwak encapsulates the political philosophy that underpinned their sophisticated and democratic systems of governance, which were well-established long before Canada’s westward expansion. The most formalized expression of this was the “Laws of the Hunt,” a detailed legal code that governed the massive, semi-annual communal bison hunts that were the central organizing principle of 19th-century Métis society.

Part II: The Assertion of Sovereignty and the Canadian Response (1869-1885)

The period between 1869 and 1885 was defined by two major armed conflicts, which from a Métis perspective were not rebellions, but legitimate assertions of sovereignty and national self-defense.

The Red River Resistance (1869-1870)

When the Hudson’s Bay Company sold Rupert’s Land to Canada, the Métis of the Red River Settlement were not consulted. In response to this threat to their homeland, a group led by Louis Riel formed a Provisional Government. This de facto government entered into direct, nation-to-nation negotiations with Ottawa, resulting in the Manitoba Act, 1870, a constitutional statute that created Canada’s fifth province. Section 31 of the Act promised to set aside 1.4 million acres of land for Métis families.

A Promise Betrayed: The Scrip System

The promise of the Manitoba Act was never fulfilled as intended. Instead of direct land grants, the federal government implemented a convoluted coupon system known as “scrip.” This system was systematically corrupted, with land speculators, often with government connections, buying the scrip from impoverished Métis for a fraction of its value. The scrip system, described as the “largest land swindle in North America,” resulted in the near-total dispossession of the Métis from their land base.

The North-West Resistance (1885)

The North-West Resistance of 1885 was the tragic culmination of this betrayal. Métis communities in what is now Saskatchewan, facing the same threats to their land and livelihood, again formed a Provisional Government led by Louis Riel. After a series of battles, the outnumbered Métis forces were defeated at the Battle of Batoche. The aftermath was a catastrophe: Riel was tried and executed for treason, and the military and political power of the Métis Nation was crushed for generations.

Part III: The Long Road to Legal Recognition (1885-2016)

The century following Batoche was a period of profound marginalization. Ultimately, it was a strategic, multi-decade legal battle that forced Canada to recognize the inherent rights of the Métis Nation.

A Seat at the Table: Section 35

A monumental turning point came in 1982 when Canada’s repatriated constitution included Section 35, which “recognized and affirmed” the “existing aboriginal and treaty rights” and explicitly included the Métis people. This was a victory of immense proportions, though governments initially argued the Métis had no “existing” rights to be protected.

The Hunt for Justice: R. v. Powley (2003)

The case that broke the legal logjam was R. v. Powley. In a historic decision, the Supreme Court of Canada affirmed for the first time that Section 35 is a substantive promise to the Métis and that they do have constitutionally protected Aboriginal rights. The decision also established the “Powley Test,” a legal framework to identify who is a “Métis” person for the purpose of asserting these rights, based on self-identification, ancestral connection, and community acceptance (as detailed by the Indigenous Foundations project at UBC).

Ending the “Jurisdictional Wasteland”: Daniels v. Canada (2016)

For decades, the Métis had been trapped in a “jurisdictional wasteland,” with both federal and provincial governments denying responsibility for them. In the Daniels v. Canada decision, the Supreme Court of Canada declared that the Métis are “Indians” under s. 91(24) of the Constitution Act, 1867, confirming federal jurisdiction. This decision solidified the legal basis for a direct nation-to-nation relationship between the Métis Nation and the federal Crown.

Part IV: The Modern Architecture of Métis Self-Government

Built on this foundation of judicial recognition, the Métis Nation has constructed a sophisticated architecture of self-government, culminating in groundbreaking agreements with the Government of Canada.

The primary national political body is the Métis National Council (MNC), which receives its mandate from its governing members—the democratically elected provincial Métis governments. The culmination of their political efforts is a series of Métis Government Recognition and Self-Government Agreements. In a historic step in 2024, the Manitoba Metis Federation and Canada signed the first-ever self-government treaty with a Métis government.

These agreements formally recognize the Métis Nation’s inherent right to self-government under Section 35 and recognize that Métis governments have law-making power over their own core governance matters, such as citizenship and leadership selection. This formally establishes them as a third order of government in Canada.

Conclusion: Fulfilling the Promise of Confederation

The journey of Métis self-government is a testament to the remarkable resilience of the Otipemisiwak. The modern self-government agreements are a pivotal and long-overdue turning point, representing the formal recognition of the Métis Nation’s status as a founding partner in Canada. The work of transforming these agreements on paper into a lived reality of prosperity and cultural vibrancy will require sustained commitment, but in their success lies a profound opportunity for Canada to finally fulfill the promises made in 1870 and create a more just and complete federation.