Fri Dec 7, 8:21 PM
By The Canadian Press
WINNIPEG - A Manitoba judge issued a written decision Friday that dismisses a massive land claim by the Metis community that could have been worth billions of dollars.
The case began 26 years ago when Manitoba's Metis began to argue that a huge stretch of land - including the city of Winnipeg and strips on both sides of the Assiniboine and Red Rivers - rightfully belongs to them.
The case, launched in 1981 by the Manitoba Metis Federation and 17 families, claimed the Metis were entitled to 1.4 million acres of land. Some land was transferred, but the Metis argue it was never granted in full, and much of what was granted was lost to speculators.
The lawsuit did not seek to reclaim the land. Rather, it asked for a ruling that would allow for a financial settlement.
The case also claimed negotiations between the Red River settlers and Prime Minister John A. Macdonald when Manitoba joined Confederation in 1870 should be considered a treaty.
"I disagree. There was no treaty or agreement," Court of Queen's Bench Justice Alan MacInnes wrote in an executive summary of his 395-page decision.
MacInnes' decision, which was a year-and-a-half in the making, concludes that the Metis were flawed in claiming they were a collective group.
"At the relevant time, the Metis did not live in a communal or collective setting. True, they lived more or less together in parishes, the common connection being religion, language and culture. But they held land on an individual basis and were able to and did sell, buy and otherwise deal with their land as did as any other individual, but Indians," MacInnes wrote.
MacInnes also ruled that too much time passed between the negotiations in 1870 and the lawsuit, which was filed more than 100 years later.
The decision has deeply disappointed Manitoba Metis Federation president David Chartrand.
"It quite astonishes me," Chartrand said.
After a briefing on the ruling, Chartrand said he immediately instructed his lawyers to launch an appeal.
"Today, it's John A. Macdonald's day to smile. Our day will come."