UAlberta Faculty of Law Professors Catherine Bell and D'Arcy Vermette part of team awarded prestigious SSHRC grant for 5-yr project on Métis Treaties in Canada

Katherine Thompson - 2 May 2014

The University of Alberta Faculty of Law would like to congratulate our colleagues Professor Catherine Bell and Professor D'Arcy Vermette on being awarded a SSHRC Insight Grant for $423,904.

Professors Bell and Vermette are two of six co-applicants awarded the prestigious SSHRC grant, for a five-year project on Métis Treaties in Canada. The project, led by Professor Larry Chartrand of the University of Ottawa, will bring together experts in the areas of Métis Aboriginal Law, Métis Studies and Colonial History to work collaboratively with Métis organizations and investigate from critical legal and Indigenous perspectives agreements entered between Métis people and the British and Canadian governments, the nature of the treaty relationship in Canadian and international law, and prospects for policy and law reform relating to reconciliation, negotiation and implementation of Métis constitutional rights through modern treaties.

When asked for her reaction to being awarded the SSHRC Insight grant, UAlberta Faculty of Law Professor Catherine Bell replied, "When I first started working in the area of Métis rights in 1985 there were very few Indigenous lawyers in Canada and Canadian governments denied Métis rights existed. What excites me the most about this project, over 25 years later, is that the majority of our team are Métis legal scholars who will bring among other areas of expertise critical Indigenous and historical perspectives. I am looking forward to working with my UAlberta Law colleague D'Arcy Vermette and learning more about his work on Métis title, as well as my old friend Larry Chartrand who has brought together an amazing team of French and English scholars. Other members of our team include Dr. Brenda Gunn (University of Manitoba Law), Dr. Darren O'Toole and Dean Sebastian Grammond (Ottawa Civil Law), Dr. Raoul McKay (Elder, Métis educator and owner of First Nation Multi-Media) and Jean Tiellet (Métis lawyer and expert in Métis law)."

"The research program Larry has organized is important because of its originality and timeliness," Professor Bell said. "I wanted to be involved not only because the rights of Métis people are not clearly articulated or understood and often ignored or denied by Canadian governments, but also because of how much I will learn from being part of this amazing team. Métis Aboriginal constitutional rights have only been explored in a meaningful way by Canadian courts in the last decade. An assumption by Canadian governments has been that these rights do not include interests in land and if such rights existed historically, they were terminated through a valid scrip distribution system. In 2013 the Supreme Court of Canada said "no." The Crown has not acted honourably in pursuit of land promises to Métis and has a duty to diligently fulfill the purpose of solemn promises made to them as a people. This project is important because it is the first of its kind to examine historical promises made to Métis for the overarching purpose of reconciling their Aboriginal interests with the Crown's sovereignty through the lens of honour of the Crown and treaty."

Professor Bell's colleague UAlberta Faculty of Law Professor D'Arcy Vermette elaborated further on why this research is so significant, saying, "This research is important primarily because the role of the Métis as treaty partners with Canada has been largely neglected in academic study. One of the assumptions out there is that the Métis were treated differently from Indians as a matter of government policy. This might not be entirely accurate, and the historical record certainly does not paint a consistent image on this point. However, there is a broader problem with this approach and one of the strengths of this research will be a willingness and dedication of the researchers to examine the law and history from the perspective of the Métis people, rather than simply focusing on government policy."

"I am particularly interested in what I call the 'Manitoba Métis Treaty' which was the agreement upon which the Manitoba Act of 1870 was based," Professor Vermette replied when asked about what he will mainly be working on as part of the six person team. "I hope to be able to bring my research in treaty law, and legal duties owed to Aboriginal peoples, to other areas of this study as well. This is also a great opportunity to learn from the rest of the research team."

"The strength of the Faculty of Law at the University of Alberta is really being displayed here. Professor Bell's scholarship on Aboriginal law and Métis issues is quite well-known," Professor Vermette said. "I certainly turned to her scholarship frequently prior to my arrival here. Now that I am working at the Faculty of Law, I am excited to be able to work directly with Professor Bell. It is a great opportunity and I would especially like to thank Larry Chartrand for inviting me to join this team."