Métis Credible Assertion process

Learn more about the Alberta government’s credible assertion process, how to get started, criteria and funding supports.

Overview

Alberta’s government addresses consultation with Métis organizations (other than the Metis Settlements) on a case-by-case basis. To be considered for consultation, a Métis organization must first successfully demonstrate a credible assertion of Métis Aboriginal rights through the Alberta government’s Métis Credible Assertion process.

If a credible assertion is established through this process, Alberta will consult the Métis organization when Crown land and natural resource management decisions may have the potential to adversely impact credibly asserted Métis Aboriginal rights.

Getting started

Métis organizations who would like to start the process can contact the Indigenous Relations Credible Assertion team at [email protected] to arrange an initial meeting.

Alberta’s credible assertion process is not proof or a recognition of rights. The process is specific to Métis organizations that seek to be consulted about land and natural resource management. Alberta’s government considers information submitted by a Métis organization and determines whether the assertion is credible.

Read more about the Métis credible assertion process in Alberta.

Criteria

Some credible information is required on each of the 9 criteria below for Alberta to determine that an assertion of Métis Aboriginal rights is credible for the purposes of consultation.

  • 1. Characterization of the right

    The characterization of the right defines the scope of the right being asserted and the location or geographic area.

    • Information regarding the historical practice, custom or tradition that gives rise to the claimed Aboriginal right.
    • For site-specific rights (such as harvesting): information to show the area where the right was practiced and continues to be practiced. Large areas such as an entire province, multiple provinces or the entire country will not be accepted.
    • For harvesting rights: information regarding the ultimate use of the harvest (whether it is for food, ceremonial, exchange or commercial purposes).
  • 2. Identification of the historic rights-bearing community

    The contemporary community must have its roots in an identifiable historic Métis community.

    • Information to show that an identifiable Métis community (a group of Métis people with a distinctive collective identity, living together in the same geographic area and sharing a common way of life) existed prior to the date of effective European control (see criterion #5).
    • The historic community must be distinct from First Nations communities and settler societies in the same geographic area.
    • The geographic area of the historic community must be identified.
  • 3. Identification of the contemporary rights-bearing community

    The community must self-identify as a Métis community and be a continuation of the historic community.

    • Information to show that:
      • the contemporary Métis community is in the same geographic area as the historic Métis community
      • some contemporary Métis community members are ancestrally connected to the historic community
      • the contemporary Métis community engages in the same types of practices and activities as the historic community in the same geographic area
  • 4. Verification of membership in the contemporary Métis community

    Three components guide the identification of Métis rights-holders within a community.

    • Information to show that:
      • community members self-identify as Métis
      • some contemporary Métis community members are ancestrally connected to the historic community
      • members are accepted by the Métis community
  • 5. Identification of the relevant time

    For a Métis community to be considered 'historic' it must have existed prior to effective European control.

    • For policy purposes, pre-1900 is considered the relevant time for considering whether a Métis community in northern or central Alberta is historic. Métis communities or organizations are not required to provide information to demonstrate that this is the case.
    • In southern Alberta (approximately Treaty 7 territory), 1874 to 1878 is considered the time of effective European control, in accordance with the Hirsekorn decision. Furthermore, there are no Powley communities in southern Alberta.
    • Métis communities that assert a later date of effective European control will need to provide information to support that claim.
  • 6. Was the practice integral to the community’s distinctive culture

    Integral means that the practice, tradition or custom was a central and significant part of the society’s distinctive culture.

    • Indication that the asserted right is considered integral to the distinctive culture of the community.
    • An Aboriginal right does not need to be unique to be integral to the distinctive culture of the community. Harvesting rights have been considered integral to some Métis communities by the Courts.
  • 7. Continuity between the historic practice and the contemporary right

    The contemporary practice should be in continuity with the historic practice.

    • Information to show continuity of:
      • exercise of the practice over time
      • the geographic location of the practice (for site-specific rights)
      • how the practice is exercised
  • 8. Authorization to represent the contemporary Métis community

    An entity that purports to represent a Métis community must demonstrate that it has been authorized to do so.

    • Information to demonstrate that contemporary community members have authorized the entity to represent them for the purposes of asserting rights and for consultation.
    • Any concerns raised regarding an entity’s authority to represent a community will be carefully considered.
    • Alberta will require that an asserted Métis community have only one organization or entity to represent it for the purposes of consultation.
  • 9. Representativeness of organization membership

    An organization should be able to demonstrate that its membership is adequately representative of that community.

    • Alberta will not consider membership that represents less than 20% of the entire contemporary Métis community to be adequate for this criterion.
    • Alberta will require that an asserted Métis community have only one organization or entity to represent it for the purposes of consultation.

Funding

The Métis Credible Assertion Capacity Funding Grant focuses on increasing capacity for Métis organizations that are already in the Métis Credible Assertion (MCA) process and have provided material submissions to the Alberta government.

The Métis Credible Assertion Capacity Funding Grant helps participating Métis organizations recover expenses from the credible assertion process.

Applications are ongoing and close on December 31 every year.

Eligibility

Eligible applicants are Métis organizations participating in the MCA process who:

  • are incorporated legal entities according to the Alberta Societies Act
  • have provided Indigenous Relations with an initial material submission in the MCA process before applying for the grant
  • have accrued eligible expenses in support of their MCA submission in the applicable time frame

Eligible expenses

Eligible expenses are exclusively associated with compiling an organization’s MCA submission and providing subsequent information during the MCA review process.

Eligible costs from the MCA submission process could include expenses incurred for the development of materials for the submission. These could include, but are not limited to:

  • staffing costs exclusively associated with compiling the assertion
  • hiring consultants or contractors to assist in the compilation of assertion submission materials
  • expenses associated with collecting genealogical records
  • expenses associated with collecting historical records
  • costs accrued from traditional land use studies
  • expenses associated with collecting any sources to support an organization’s MCA submission

Ineligible expenses

Ineligible costs for funding under the Métis Credible Assertion Capacity Funding Grant include:

  • travel expenses (accommodations, mileage and meals)
  • expenses accrued before April 1, 2018
  • expenses accrued outside the eligible fiscal year for each subsequent grant application period
  • payments for services normally provided without charge like honoraria
  • expenditures not directly related to the MCA submission process
  • training costs
  • legal fees

How to apply

Step 1. Complete the application form

Applicants must submit the following as part of a complete funding application:

  • completed and signed grant application form
  • evidence of incorporation
  • evidence of community support (if organization is not Métis local)
  • itemized invoices to support listed expenses
  • one digital copy of entire application

Step 2. Submit your application package

Email complete submission packages as a pdf before the submission deadline to: [email protected]

Application review

Indigenous Relations will analyze each Métis Credible Assertion Capacity Funding Grant application on its own merits.

Application evaluation will take place as follows:

  1. All grant applications will be pre-screened to ensure all eligibility criteria have been met.
  2. A panel will review eligible grant applications.
  3. Indigenous Relations will decide which grant applications to fund based on the recommendations of the review panel.

Each applicant will be notified of the funding decision and offered feedback about their application and the evaluation process.

Contact

For more information or to initiate the credible assertion process, contact:

Email: [email protected]