Mtis Nation B.C. in court after feds say it doesn't qualify as 'Indigenous governing body'

The Canadian government is blocking a bid by theMtis Nation British Columbia (MNBC) to opt into federal Indigenous child-welfare law on the grounds MNBC doesn't qualify as an "Indigenous governing body," Federal Court files show.

The decision sparked an ongoing court challenge in which MNBC, one of four provincial branches of the Mtis National Council, calls the move unreasonable and wrong, and asks a judge to quash it.

The allegations are untested in court. Indigenous Services Minister Patty Hajduhasn't filed a response.

In its July 2022 application for judicial review, MNBC says it is the democratically electedMtis government in the province andrepresentsnearly 90,000 self-identified Mtis, of which more than 22,000 are registered members.

On Feb. 14, 2020, MNBC then-president Clara Morin Dal Col notified the federal and provincial governments MNBC intended to exercise jurisdiction overchild and family services under Bill C-92An Act respecting First Nations, Inuit and Mtis children, youth and families.

More than two years later, on May 9, 2022, MNBC's currentPresidentLissa Smithmet with rejection in a letter from Catherine Lappe, assistant deputy minister at Indigenous Services.

"At this time, it is the Government of Canada's view that the Mtis Nation of British Columbia does not meet the requirements to be considered an Indigenous governing body under the federal legislation," Lappe said.

"There is currently insufficient evidence to demonstrate[MNBC] has been authorized by any communities that hold rights recognized and affirmed by s.35 of the Constitution Act, 1982."

Lappe's letteralso rejected MNBC's request to access capacity building cash available for rights-holding Indigenous groups, communities, organizations or governments that want to take back control of child and family services.

"We have not been able to confirm" if MNBC qualifies for that either, Lappe said,though she addedthe funding proposal could be re-evaluated in the future.

In a memofiled with the court that was circulated internally,Indigenous Services saidthe decision could be revisited "should the existence of a rights-bearing Mtis community in British Columbia be demonstrated" in court.

Despite thatrejection, MNBC's 2021-2022 audit shows Indigenous Services provided the organization with millions of dollars from envelopes earmarked for other programs.

MNBC counted nearly $58 million in revenue, the bulk of it from various federal departments, during that fiscal year, the audit shows.

Indigenous Services declined to make Lappe available for an interview and did not provide astatementby time of publishing.

Request to keep documents secret

For the judicial review, the departmentfiled Lappe's letter in court along with significantly censored internal supporting documents, arguing the records contain some information thatmust remain confidential.

Government lawyers then requested a court orderallowing Indigenous Servicesto file the uncensored versions in secret, for the court's eyes only, free from public scrutiny.

Indigenous Services argued some information is irrelevant, while other information is protected by a2018 agreement between Canada and MNBC thatallows for confidential negotiations.

In a Jan. 31 motion, Indigenous Services acknowledged this secrecy would have a harmful impact on thedemocratic rights to freedom of expression and an open court system, but argued the benefits would outweigh the harm by giving the court thefull suite of relevant history and context.

The courtgranted the request. The secret material was filed last week.

MNBC declined to comment on the active case.