Author, Karen Sloan, writes on guiding principles found within Métis Law:
“All beings (e.g. animals [including humans], plants, rocks, water, spirits, the Creator) and things (note things may be animate) are interconnected in multiple ways on multiple levels; aggregations of beings are similarly interconnected; interconnection in this sense does not mean independent interaction, but interdependence and mutual constitution; that is, beings (things) only exist due to their dependence on other beings (things),”[1]
And,
“This interconnection is necessary and good, and creates mutual obligations (i.e. law) between beings and aggregations of beings. For instance, people and the animals they eat have mutual obligations; parents and children have mutual obligations. To realize the highest good, these obligations are carried out in a spirit of respect and love.”[2]
- Justice Principles: Dispute Resolution
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"Justice Principles," in The Origins of Métis Customary Law With a Discussion of Métis Legal Traditions.[3]
Note: There are multiple ways to spell Metis, in this case the authors do not use the accent aigu (é)
For the Metis, justice is a rights-based system that considers both individual and communal rights. The Metis guard their individual rights, however collective regulation is formulated under the stimulus of crisis or the need to act in a concerted manner. Traditionally, justice was brought about when the actions of individuals threatened the balance of society and the fulfillment of collective responsibilities. In Metis tradition military organizations are always subject to civilian control and authority.
The Metis recognize that justice is dynamic. Law and social control mechanisms are not static, rather they adapt to changes in society. Having said this, continuity is also a factor in Metis justice. The format and content of Metis law may change, however the principles and values underpinning Metis law remain the same.
Procedural fairness is important to the Metis. For example, the Metis Settlements Appeal Tribunal (MSAT) in Alberta, Canada complies with the following rules when resolving disputes:
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Individuals must know the case made against them;
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They must have the opportunity to dispute or correct anything presented that may be prejudicial to their position;
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They must be allowed to put forward evidence and arguments supporting their case; and
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The law is applied as a tool, not an ultimate objective.
The Metis also believe that law must not be applied too strictly. Absolute adherence to legislation may result in individual or community injustice. As noted by the MSAT, ‘the eyes and ears of justice must look and listen for the effects of a harsh application of the law on the individual and the life in the [community].’
An objective of Metis justice is the revival and recognition of traditional non-adversarial dispute resolution. This includes the use of Elders as advisors and mediators. Elders are highly respected in the Metis community, as they are the keepers of the traditions, and possess the knowledge, wisdom and experience that come from a lifetime of learning.
It should be noted that Metis women have also traditionally played a role in non-adversarial dispute resolution. For example, women were traditionally responsible for welcoming newcomers into the community and protecting them from those who might take advantage of them. In addition, Women’s Committees were formed within the community and were responsible for dealing with occurrences of domestic violence.
The involvement of Metis Elders and women in non-adversarial dispute resolution holds many implications. In addition to forming more fair and culturally appropriate resolutions, these processes also avoid the delays, costs and formalities associated with the Canadian Justice System. (pp. 15-16).
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- Justice Principles: Social Consequences
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Social and Supernatural Consequences," in The Origins of Métis Customary Law With a Discussion of Métis Legal Traditions.[4]
Similar to the Plains Cree and Plains Ojibwa, the Metis apply social consequences to misbehaviour (pp. 11):
- Shaming: receiving a lousy nickname, or becoming the subject of a community joke can shame a person.
- Dishonour to family: Shaming can also occur by bringing dishonour to the family. One Metis saying is: “I will think less of your mother who raised you.” A Cree-Metis saying is: “He acts like he was raised in the wilderness.”
- Humiliation: Public embarrassment is a powerful tool.
- Chiding: Males can be chided or receive instruction from cousins who have a “joking relationship.”
- Compensation to the victim: Restitution can be required of an offender in certain cases. It is usually the Elders who determine the type and amount of compensation required.
- Exile: This was traditionally used for more serious offences such as murder, assault and sexual assault. Generally, an offender could return only if the community allowed it.
- Retribution: This was not used a consequence. Traditionally, thieves would have their horse equipment and clothing cut up. However, if they showed appropriate remorse and were truly sorry, the men would replace the equipment and clothing from their own supplies.
- Healing: The disruption to community relationships must be repaired and harmony must be restored. It is in the interest of all to cultivate and preserve peace.
- The Role of Métis Women in Peacekeeping
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"The Role of Metis Women in Peacekeeping," in The Origins of Métis Customary Law With a Discussion of Métis Legal Traditions. (pp. 12) [5]
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Women are the child’s first teachers of the work ethic. The first requirement to be counted as a family member is the ability to contribute from one’s talents to the good of the whole family unit, clan, or the community at large.
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Women are counsellors and mediators and are expected to know how to stop feuds. Each female member is to know what is negotiable in the name of family honour. Kani tha--kawayus-ki--mhowin.
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Women are ethics counselors; they do not allow individuals in the community to take advantage of others, including strangers.
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Women have a positive obligation to work for initiatives that will strengthen the community. They teach that one must never espouse an initiative that will bring personal gain but weaken the community.
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Women are expected to look after the girl children of the community. This means shunning and naming men-folk who act as marauders of children's innocence. They teach that if one does not protect the children, no one is safe.
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- Footnotes
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[1] Sloan, Karen L. “The community conundrum: Metis critical perspectives on the application of R v Powley in British Columbia.” MA Thesis. (Victoria: University of Victoria, 2016). 297. http://hdl.handle.net/1828/7295 [references omitted]
[2] Sloan, Karen L. “The community conundrum: Metis critical perspectives on the application of R v Powley in British Columbia.” MA Thesis. (Victoria: University of Victoria, 2016). 297. http://hdl.handle.net/1828/7295 [references omitted]
[3] Barkwell, Lawrence J., Carrière Acco, Anne, and Rozyk, Amanda. The Origins of Métis Customary Law With a Discussion of Métis Legal Traditions. Winnipeg: Louis Riel Institute, 2007. 15-16. [references omitted]
[4] Barkwell, Lawrence J., Carrière Acco, Anne, and Rozyk, Amanda. The Origins of Métis Customary Law With a Discussion of Métis Legal Traditions. Winnipeg: Louis Riel Institute, 2007. 11. [references omitted]
[5] Barkwell, Lawrence J., Carrière Acco, Anne, and Rozyk, Amanda. The Origins of Métis Customary Law With a Discussion of Métis Legal Traditions. Winnipeg: Louis Riel Institute, 2007. 12. [references omitted]