Reconciliation act isn't just 'window dressing,' Metis Federation argues in call for judicial review

The Manitoba Metis Federation says the Manitoba government's Path to Reconciliation Act is a "game changer" that could push the province to reinstate a funding cut to the federation's health department,a Manitoba court heard on Wednesday.

MMFlawyer Murray Trachtenberg told Chief Justice Glenn Joyal at Court of Queen's Bench that for Indigenous people in Manitoba the legislation is not just "feel good commentary that doesn't mean anything" it is actionable.

• 'It means death': MMF president concerned after crucial funding dries up

In 2016, the federationapplied for a judicial review of the province's decision to cut $650,000 inhealth funding for the MMF, whichthe organizationused to hirefive people offering health-care services.

The MMF has said it never received anexplanationas to why the funding ended and the government did not give it fair warning that the move was coming.

"To offset health-care costs through false austerity measures such as this, they are instead going to be paying for these cuts with the lives of Mtis people,"MMFpresident David Chartrand said in a news release at the time.

"We're going to hold them accountable for this, and we're going to hold Canada accountable for this, because we do matter and they know full well that there is a health-care crisis for the Mtis in the province of Manitoba."

Reviews of budget decisions rare

But it's very rarefor a judicial review to be granted when it comes to provincial budget decisions.

In court, the judge explained he had to consider how The Path to Reconciliation Act, as well as theManitoba Mtis Policy which provides a framework for province's approach to its relationship with Mtis people and the MMF have affected the situation.

"What really does The Path to Reconciliation mean when it comes to Mtis?" Joyal asked.

The Path to Reconciliation Act whichpassed unanimously in March 2016, with provincial election campaigns imminent says the Government of Manitoba is committed to reconciliation and will be "guided by the calls to action of the Truth and Reconciliation Commission and the principles set out in the United Nations Declaration on the Rights of Indigenous Peoples."

The Manitoba Metis Federation said the decision to cut the funding without explanationor warning, particularly since it affects health care, doesn't comply with the principals of the act.

"Did they actually look at any of this or is it window dressing?" Trachtenberg asked the court.

Decision could open floodgates: judge

Justice Joyal voiced concerns about how his eventual decision could potentially open the floodgates for judicial review when it comes to budgetary matters involving Indigenous people moving forward.

Government of Manitoba lawyer Sean Boyd said budgetary decisions are not reviewable and it was a decision that was ultimately subject to treasury board approval.

The act is not intended to be used for judicial review, Boyd told the court. Instead, the government completes an end-of-year report that goes before the legislature, and which shows how ministers are moving towardreconciliation goals.

Trachtenberg responded by quoting Health Minister Kelvin Goertzen in the third reading of the act in 2016when the New Democrats were in power saying "it can't just be talk, there has to be action with it. It will be incumbent on future government."

Justice Joyal reserved his decision for a later date.