Simone Lawson
The Constitution of Alberta describes the rules under which the Canadian province of Alberta is governed. Alberta's constitution, like the United Kingdom's, includes any and all pieces of legislation, court decisions, proclamations, and conventions that inform how the province operates. The Constitution of Alberta Amendment Act, 1990, was enacted pursuant to section 45 of the Constitution Act, 1982, and forms part of the Constitution of Alberta. This Act recognizes the presence of Metis when Alberta was formed and indicates a desire for Metis to have a land base to preserve and enhance their culture and identity, and to enable them to attain self-governance under Alberta's laws.
| Characteristics | Values |
|---|---|
| Year | 1990 |
| Purpose | To recognize the presence of Metis when Alberta was formed and to indicate a desire for Metis to have a land base to preserve and enhance Metis culture and identity, and to enable self-governance under Alberta's laws |
| Amendment Process | A Bill to amend or repeal the Act must be passed by the Legislative Assembly of Alberta after a plebiscite of settlement members, with a majority voting in favor |
| Repeal | The Act may be repealed by the Legislature after Metis settlement land is protected by the Constitution of Canada |
| Land Protection | Metis settlement land is protected from expropriation and seizure, and cannot be acquired by Her Majesty or any person |
| Legislative Assembly Restrictions | The Legislative Assembly cannot pass any Bill that amends or repeals the Metis Settlements Land Protection Act, alters letters patent granting land to the Metis Settlements General Council, or dissolves the Council without its agreement |
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![Constitution of the Grand Lodge of Alberta, Ancient, Free and Accepted Masons as Adopted at the Special Communication, Held at Calgary, February 25Th and 26Th, 1919 1919 [Leather Bound]](https://m.media-amazon.com/images/I/617DLHXyzlL._AC_UY218_.jpg)
What You'll Learn
Recognition of Métis presence during Alberta's formation
The Constitution of Alberta describes the fundamental rules under which the Canadian province of Alberta is governed. Alberta's constitution, like the United Kingdom's (on which it is modelled), includes any and all pieces of legislation, court decisions, proclamations, and conventions which together inform how the province operates.
The Constitution of Alberta Amendment Act, 1990, states that the land granted by His Majesty in right of Alberta should be protected by the Constitution of Canada. Section 45 of the Constitution Act, 1982, empowers the legislature of a province, subject to section 41 of that Act, to amend the constitution of the province.
The Act also recognises the presence of the Métis people during Alberta's formation. Métis settlement land is defined as land held in fee simple by the Métis Settlements General Council under letters patent from His Majesty in right of Alberta. The Act ensures that nothing in it or other acts, such as the Metis Settlements Land Protection Act, the Metis Settlements Accord Implementation Act, or the Metis Settlements Act, should be construed so as to abrogate or derogate from any aboriginal rights referred to in section 35 of the Constitution Act, 1982.
This recognition of Métis rights and land protection is an important aspect of the Constitution of Alberta Amendment Act, demonstrating the province's commitment to respecting and preserving the rights and culture of the Métis people, who have a significant presence in the history and formation of Alberta.
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Métis land protection
The Constitution of Alberta Amendment Act, 1990, enacted pursuant to section 45 of the Constitution Act, 1982, recognises the presence of Métis people when Alberta was formed. The Act expresses the desire for the Métis to have a land base to preserve and enhance their culture and identity, and to enable them to attain self-governance under Alberta's laws.
The Act acknowledges the unique role of the Métis in Alberta's history and their right to land ownership. It grants title to land to the Métis Settlements General Council (MSGC) and aims to protect this land through the Constitution of Canada. The MSGC holds the 'fee simple' interest on all Métis Settlement lands, which means they have full ownership of the land with certain limited rights of the Crown.
The Constitution of Alberta Amendment Act, 1990, also recognises the inherent rights of all Indigenous people, including the Métis, to self-determination and self-governance. This is further emphasised by the Otipemisiwak Métis Government Constitution, ratified by the Citizens of the Métis Nation within Alberta in 2022.
To ensure the protection of Métis settlement land, the Act restricts the Legislative Assembly from passing any bills that would amend or repeal the Métis Settlements Land Protection Act without the agreement of the MSGC. Additionally, it exempts the fee simple estate in Métis settlement land from seizure and sale under court order or any other process.
The Act also outlines that any bill proposing to amend or repeal it must first be approved by a majority of settlement members through a plebiscite under the Election Act. This provision ensures that any changes to the Act are aligned with the wishes of the Métis community.
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Métis self-governance
The Métis Nation of Alberta (MNA) has long been engaged in discussions with the Government of Canada to advance recognition and respect for the Métis right of self-government and self-determination. In 2019, the MNA signed a self-government agreement with Canada, along with other recognised Métis governments in Saskatchewan and Ontario. This agreement recognised that the MNA represents the Métis Nation within Alberta, which holds the right to self-government protected by Canada's Constitution.
The MNA is an Indigenous governing body for the Métis Nation within Alberta, which includes over 57,000 citizens and communities in the province. The MNA has law-making powers in areas such as citizenship, leadership selection, and government operations.
In 2023, the MNA signed updated agreements with the Government of Canada, which recognised the MNA as an Indigenous government with jurisdiction over matters of core governance. These agreements were supported by the Métis Nation of Ontario (MNO) and the Métis Nation of Saskatchewan (MN-S).
The MNA also worked towards drafting a Constitution for citizen review. In November 2023, a province-wide ratification vote was held, with 96.89% of MNA citizens voting in support of adopting the Otipemisiwak Métis Government Constitution.
Bill C-53, introduced in June 2023, is a key part of Canada's commitment to advance work with Métis partners. The bill provides for the recognition of certain Métis governments in Alberta, Ontario, and Saskatchewan, and makes consequential amendments to other Acts. It also contributes to the implementation of the United Nations Declaration on the Rights of Indigenous Peoples.
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Expropriation of Métis settlement land
The Constitution of Alberta describes the fundamental rules under which the Canadian province of Alberta is governed. Alberta's constitution is modelled after the United Kingdom's and includes any and all pieces of legislation, court decisions, proclamations, and conventions which together inform how the province operates.
The Constitution of Alberta Amendment Act, 1990, includes provisions for the expropriation of Métis settlement land. Métis settlement land refers to land held in fee simple by the Métis Settlements General Council under letters patent from His Majesty in right of Alberta. The Act states that nothing in it shall be construed to abrogate or derogate from any aboriginal rights referred to in Section 35 of the Constitution Act, 1982.
Section 7 of the Amendment Act stipulates that a bill to amend or repeal the Act may only be passed by the Legislative Assembly of Alberta after a plebiscite of settlement members under the Election Act, where a majority of the members of each settlement vote in favour of the bill's subject matter. This ensures that any changes to the Act regarding Métis settlement land are made with the consent of the affected communities.
Notwithstanding the above, Section 8 of the Amendment Act provides that the Act may be repealed by the Legislature after the Métis settlement land is protected by the Constitution of Canada. This provision allows for the potential future integration of Métis settlement land protections into the Canadian Constitution, safeguarding these lands at the highest level of Canadian law.
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Exemption from seizure and sale
The Constitution of Alberta Amendment Act, 1990, is an act to establish and provide for the government of the province of Alberta. The act was assented to on July 5, 1990, and it amends the Constitution of Alberta.
One of the key provisions of the amendment act relates to the exemption from seizure and sale of Metis settlement land. This provision states that the fee simple estate in Metis settlement land is exempt from seizure and sale under any legal process, including court orders and writs of execution. This means that the land held in fee simple by the Metis Settlements General Council under letters patent from Her Majesty in right of Alberta cannot be taken away or sold through legal means.
The exemption from seizure and sale is intended to protect the land rights of the Metis people and ensure the preservation and enhancement of Metis culture and identity. The Metis people were present during the establishment of the Province of Alberta, and they play a unique role in the history and culture of the province. By granting title to land to the Metis Settlements General Council, the amendment act seeks to provide a land base for the Metis people to maintain their self-governance and cultural practices.
It's important to note that while the Constitution of Alberta Amendment Act, 1990, provides protections for Metis settlement land at the provincial level, there is also recognition that the land should ultimately be protected by the Constitution of Canada. This reflects the understanding that Alberta, as a part of the Canadian federation, has its powers delineated by the national constitution.
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Frequently asked questions
The Constitution of Alberta outlines the fundamental rules under which the Canadian province of Alberta is governed.
The Constitution of Alberta Amendment Act, 1990, was enacted pursuant to section 45 of the Constitution Act, 1982. This Act recognises the presence of Metis when Alberta was formed and indicates a desire for the Metis to have a land base to preserve and enhance their culture and identity.
The Act enables the Metis to attain self-governance under the laws of Alberta. It also grants title to land to the Metis Settlements General Council.
The Act ensures the protection of Metis settlement land until it is protected by the Constitution of Canada. It also ensures that the Metis Settlements Land Protection Act, the letters patent granting Metis settlement land, and the Metis Settlements General Council cannot be altered or revoked without the agreement of the Council.
![Constitution & by-laws of the Western Canada Irrigation Association : adopted at the fourteenth annual convention at Lethbridge, Alberta, July 28, 29 & 30, 1920 1920 [Leather Bound]](https://m.media-amazon.com/images/I/61IX47b4r9L._AC_UY218_.jpg)
