Thursday, February 10, 2011

An MMF land grab? Hardly unless it's Portage and Main!

Good Day Readers:

When we saw the Winnipeg Free Press article below we wondered how much is 566,560 hectares so we did some ridimentary mathematics. Bet you didn't know:

Manitoba's total area = 676,000 square kilometers (261,000 square miles)

Manitoba's land area only = 548,000 square kilometers (212,000 square miles)

100 hectares = 1 square kilometer

566,560 hectares = .000901 square kilometers

Surely you say, "Big Deal!" give it to David Chartrand and his Provincial Board of Directors. We say not if it's located at the corner of Portage and Main! Recall years ago long before the lawsuit was trial ready Mr. Chartrand was already telling the Winnipeg Free Press, and anyone else who'd listen, the claim was potentially worth billions of dollars! That's a lot of Affinity Cards! Would you entrust billions to this man much less buy a used car from him?
If there's any money to be distributed set up a federally-provincially regulated Land Claims Commission where Manitoba's Metis citizens (MMF members or otherwise) can apply to present their claim for adjudication. Ottawa has already announced the Canadian Standards Association will be developing a national definition for "Metis" so why not handle this too?
Years ago Mr. Jeff Niederhoffer represented us briefly in the MMF's ("Shut your mouth or else!") defamation lawsuit against CyberSmokeSignals. This dated photograph is from our archives. Today he practices criminal defence law in another province. With his now stylish long hair greying at the temples he's even more handsome and distinguished looking - still young with a great, great legal career ahead. Don't be surprised if he makes it on to the Bench someday, that is, if he wants it. He's at his finest defending clients.
You'd be hard pressed to find an attorney of greater integrity and higher ethics so much so we're contemplating writing The Law Society of Manitoba's Chief Executive Officer Mr. Allan Fineblit (Another real gentleman we've been told!) recommending the LSM create a special annual Outstanding Lawyering Award in Mr. Niederhoffer's name and honour - what about, "The Jeffrey J. Niederhoffer Award for Outstanding Lawyering, 2011?" He could be the first recipient for the superb work he did while practicing here. Surely, at the minimum he should be added to The Society's Hall of Fame, Walk of Fame or whatever it's disciplinary committees do to recognize outstanding member behaviour.
Anyway, Mr. Niederhoffer once told us the facts of the case are no longer in dispute - Manitoba's Queen's Bench and Appeals Courts have by now thrashed that out. What the Supreme Court will be looking at are whether the lower courts made any mistakes interpretating existing legislation.
As readers are already aware, we have submitted a list of questions to Canada's Information Commissioner under provisions of The Access to Information Act. But as we all know the bureaucratic penchant for redacting coupled with holes in the legislation and significant time delays does not leave us holding our breath. We fully anticipate the need to file additional requests. Two we'll be adding:
(1) How much did the publicly financed Manitoba Metis Federation pay in total legal fees to a Winnipeg lawyer to prosecute its shut up or else defamation suit?
(2) Does or has the federal government subsidized the legal cost of the MMF land claim challenge? If so to whom and how much to date?
Sincerely/Clare L. Pieuk
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Court will hear Métis' land claim case
By: Mia Rabson
February 10, 2011

OTTAWA - The Supreme Court of Canada agreed this morning to hear an appeal on a historic land claim case by Manitoba's Metis.

The court agreed to grant the appeal with costs this morning.

Manitoba Métis Federation president David Chartrand said he is confident the court will decide in the Métis' favour.

"We feel there is no doubt," said Chartrand.

The three-decade-long court battle dates back to land claims promised to Métis settlers in 1870 when Manitoba joined Confederation. The Manitoba Métis Federation has argued Manitoba and Canada failed to live up to the 1870 Manitoba Act requirements to divide nearly 566,560 hectares of land among 7,000 Métis children living in the province at the time. The MMF has long argued although land or money in lieu of land was eventually distributed to the children, the process took too long and wasn't done the way the act intended.
Among the complaints are that the Métis were not allowed to choose the land allotted them as it was instead meted out by a lottery. Certain lands were deemed too valuable to be included in the lottery.

It also took more than a decade to complete the land claim, and in the meantime settlers and speculators got hold of much of the land.

Courts in Manitoba ruled against the MMF claim, saying the legal requirements were followed.

The Manitoba Court of Appeal ruled against the Manitoba Métis Federation in July 2010. The MMF is seeking financial compensation.

mia.rabson@freepress.mb.ca

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