A meeting to discuss the formation of an Edmonton Métis Council will be held Saturday, November 1, 2008.
Place: Amiskwaciy Academy School, 101 Airport Road, Edmonton. The school is located by the municipal airport.
Time: Noon to 4 p.m. A light lunch will be provided, free parking.
Through relationship building and partnerships we are more able to access resources.
Invite your friends and family to be part of a council that represents your interests, priorities and issues.
For more information, please call Melanie at 780 944-9288, Lyle at 780 910-3626 or Robert Lee at 780 455-2200.
It is not necessary to have a membership with the Métis Nation of Alberta or to have been attending Local meetings.
This meeting is being sponsored by the Métis Regional Council Zone IV of the Métis Nation of Alberta, 11724-95 st, Edmonton, T5G 1L9, 780.944.9288
Thursday, October 16, 2008
Wednesday, October 8, 2008
Duty of Fairness. A Press release was posted on the Metis Nation of Alberta website, May 3. Here is the rest of the story...
In the Court of Appeal of Alberta
Citation: Boucher v. Métis Nation of Alberta Association, 2008 ABCA 239
Date: 20080624
Docket: 0803-0133-AC
Registry: Edmonton
Between: Rick Boucher Applicant (Appellant)
- and -
Métis Nation of Alberta Association, Audrey Poitras, Métis Judiciary Council, Dale Friedel, Toby Racette, Ken Shaw, Bertha Clarke-Jones and Bonnie Bell Respondents (Respondents)
_______________________________________________________
Reasons for Decision of The Honourable Mr. Justice Jean Côté
_______________________________________________________
Application for a Stay of Execution Pending Appeal
_______________________________________________________
Reasons for Decision of
The Honourable Mr. Justice Jean Côté
_______________________________________________________
[1] I heard an application for a stay of execution pending appeal. These are the reasons to
explain why I gave what is loosely called a stay of execution, but (as counsel point out) is more
strictly an injunction pending appeal. The relevant tests (for stay and injunction) are the same. I then gave a number of detailed oral conditions, and left costs to the panel hearing the appeal.
[2] The appellant’s counsel properly points to my powers under Rr. 508 and 753.15(1). I add Rr.
4 and 440.
[3] I have read the long careful reasons of the chambers judge, 2008 ABQB 262. They may be
right, but there are many difficult questions of law involved, including the quorum of the Métis
Judicial Council. So I cannot say that the appeal is not arguable. Nor does any of the counsel suggest that. The respondent’s written argument suggests a stricter test pending appeal, a strong prima facie case. If that is so (and I do not decide that), I believe it is met here. Harris v. Law Socy. of Alberta [1936] S.C.R. 88 may be distinguishable.
[4] Would denying a stay work irreparable prejudice or make the appeal nugatory? One can
usually not be certain. But here there is some sworn evidence that the Provincial Council of the
Métis Nation of Alberta is now split between two factions on many issues. Though that is not a
happy result, democracy sometimes does that. The evidence suggests that if the appellant is
removed, that will produce a tie which Audrey Poitras can break with her casting vote as an exofficio member. I believe that would cause some irreparable harm to the appellant and his allies. In addition, the appellant is one of the two elected representatives for one region. Without a stay, they will lose his services and votes irreparably.
[5] What is the balance of inconvenience? To the appellant, the danger is as I have just outlined.
To the respondents, the danger is that the appellant will carry on what they see as a disloyal course of disruption. However, he is only one vote. He cannot alone break a quorum, for example. In the past instance where provincial funding was lost, it took six other fellow members of the Provincial Council to stay away. It is still possible for the appellant to convince others how to attend, abstain, or vote, with or without a stay of execution.
[6] It is suggested that my stay would give or restore to the appellant credibility, but I have no
evidence of that, and it is speculation as to the future. It is also said that the appellant is defaming and misleading others. Again, I can see no evidence that my stay or its lack would much add to or subtract from his ability to do that. Nor do the affidavits convince me that the appellant’s pronouncements are causing the respondents grave harm.
Page: 2
[7] In short, I believe that the harm from a stay would be less than that from its absence. And
some of the harm with a stay would not really be caused by the stay, but rather by the workings of democracy.
[8] I am tempted to say more about the events detailed in the affidavits, but it is undesirable that I go into the merits of the appeal. Three other justices may see it differently and will go into it more deeply.
Application heard on June 17, 2008
Reasons filed at Edmonton, Alberta this 24th day of June, 2008 Côté J.A.
Page: 3
Appearances: Senia Tarrabain for the Applicant (Appellant) Rick Boucher
H.J. Sniderman/L.C. Kelly for the Respondents (Respondents) Métis Nation of Alberta Association and Audrey Poitras
D.N. Jardine for the Respondent (Respondent) Métis Judiciary Council
www.albertacourts.ab.ca/Courtof Appeal/Judgments/tabid/84/ct/searchJudgmentsResult/mid/664/Default.aspx
Citation: Boucher v. Métis Nation of Alberta Association, 2008 ABCA 239
Date: 20080624
Docket: 0803-0133-AC
Registry: Edmonton
Between: Rick Boucher Applicant (Appellant)
- and -
Métis Nation of Alberta Association, Audrey Poitras, Métis Judiciary Council, Dale Friedel, Toby Racette, Ken Shaw, Bertha Clarke-Jones and Bonnie Bell Respondents (Respondents)
_______________________________________________________
Reasons for Decision of The Honourable Mr. Justice Jean Côté
_______________________________________________________
Application for a Stay of Execution Pending Appeal
_______________________________________________________
Reasons for Decision of
The Honourable Mr. Justice Jean Côté
_______________________________________________________
[1] I heard an application for a stay of execution pending appeal. These are the reasons to
explain why I gave what is loosely called a stay of execution, but (as counsel point out) is more
strictly an injunction pending appeal. The relevant tests (for stay and injunction) are the same. I then gave a number of detailed oral conditions, and left costs to the panel hearing the appeal.
[2] The appellant’s counsel properly points to my powers under Rr. 508 and 753.15(1). I add Rr.
4 and 440.
[3] I have read the long careful reasons of the chambers judge, 2008 ABQB 262. They may be
right, but there are many difficult questions of law involved, including the quorum of the Métis
Judicial Council. So I cannot say that the appeal is not arguable. Nor does any of the counsel suggest that. The respondent’s written argument suggests a stricter test pending appeal, a strong prima facie case. If that is so (and I do not decide that), I believe it is met here. Harris v. Law Socy. of Alberta [1936] S.C.R. 88 may be distinguishable.
[4] Would denying a stay work irreparable prejudice or make the appeal nugatory? One can
usually not be certain. But here there is some sworn evidence that the Provincial Council of the
Métis Nation of Alberta is now split between two factions on many issues. Though that is not a
happy result, democracy sometimes does that. The evidence suggests that if the appellant is
removed, that will produce a tie which Audrey Poitras can break with her casting vote as an exofficio member. I believe that would cause some irreparable harm to the appellant and his allies. In addition, the appellant is one of the two elected representatives for one region. Without a stay, they will lose his services and votes irreparably.
[5] What is the balance of inconvenience? To the appellant, the danger is as I have just outlined.
To the respondents, the danger is that the appellant will carry on what they see as a disloyal course of disruption. However, he is only one vote. He cannot alone break a quorum, for example. In the past instance where provincial funding was lost, it took six other fellow members of the Provincial Council to stay away. It is still possible for the appellant to convince others how to attend, abstain, or vote, with or without a stay of execution.
[6] It is suggested that my stay would give or restore to the appellant credibility, but I have no
evidence of that, and it is speculation as to the future. It is also said that the appellant is defaming and misleading others. Again, I can see no evidence that my stay or its lack would much add to or subtract from his ability to do that. Nor do the affidavits convince me that the appellant’s pronouncements are causing the respondents grave harm.
Page: 2
[7] In short, I believe that the harm from a stay would be less than that from its absence. And
some of the harm with a stay would not really be caused by the stay, but rather by the workings of democracy.
[8] I am tempted to say more about the events detailed in the affidavits, but it is undesirable that I go into the merits of the appeal. Three other justices may see it differently and will go into it more deeply.
Application heard on June 17, 2008
Reasons filed at Edmonton, Alberta this 24th day of June, 2008 Côté J.A.
Page: 3
Appearances: Senia Tarrabain for the Applicant (Appellant) Rick Boucher
H.J. Sniderman/L.C. Kelly for the Respondents (Respondents) Métis Nation of Alberta Association and Audrey Poitras
D.N. Jardine for the Respondent (Respondent) Métis Judiciary Council
www.albertacourts.ab.ca/Courtof Appeal/Judgments/tabid/84/ct/searchJudgmentsResult/mid/664/Default.aspx
Regional Council Report for the October 3, 2008 meeting
Vice President’s Message
Tansi, Boozhoo, Bonjour, Hello,
Thank you to everyone who gave me their support during the election. You honor me with your trust.
To all members in region four, I will use whatever resources I can access to enrich your lives both individually and corporately. The best way of course to make life more fulfilling and rewarding is to work together as a community. I trust that my experience and education will help me to facilitate that process. As we develop a common vision, I hope that individual strengths will outshine the weaknesses which will result in renewed relationships and greater unity. This is the only way we can make a better tomorrow for future generations. I am looking forward to an exciting term full of unpresedented community participation and successful outcomes.
Please communicate your ideas and concerns to me. Let’s network and increase our community capacity so we can better access resources and services and create new ones.
Sincerely,
Sharon A. Pasula
Vice President
Tansi, Boozhoo, Bonjour, Hello,
Thank you to everyone who gave me their support during the election. You honor me with your trust.
To all members in region four, I will use whatever resources I can access to enrich your lives both individually and corporately. The best way of course to make life more fulfilling and rewarding is to work together as a community. I trust that my experience and education will help me to facilitate that process. As we develop a common vision, I hope that individual strengths will outshine the weaknesses which will result in renewed relationships and greater unity. This is the only way we can make a better tomorrow for future generations. I am looking forward to an exciting term full of unpresedented community participation and successful outcomes.
Please communicate your ideas and concerns to me. Let’s network and increase our community capacity so we can better access resources and services and create new ones.
Sincerely,
Sharon A. Pasula
Vice President
Annual Report, 2007-2008, Region IV, Métis Nation of Alberta, Vice President’s Report
Annual Report, 2007-2008, Region IV, Métis Nation of Alberta, Vice President’s Report, Sharon Pasula, October 3, 2008
My short time in office has already been eventful, apart from taking my two week preplanned vacation overseas. The orientation alone is grueling – just joking. The staff has been generous and considerate both in the region IV office and at head office.
Someone told me, “The way to stay in office is to stay out of the office.” This is what community development is about – being in the community. So if every time you call and it seems that I am not in the office, I am in the community. Meetings and events in which I participated, in addition to meeting with community members, in chronological date include;
· September 4, Michif Cultural & Resource Institute, to discuss the future of Métis culture. In attendance: Senator Gerry St. Germaine, Chair, Senate Standing Committee on Aboriginal People’s, municipal representatives from St. Albert, Director from St. Albert Musee, former Senator, Dr. Thelma Chalifoux.
· September 7, Michif Cultural & Resource Institute, to discuss poverty and women’s issues. In attendance: Senator Elizabeth Hubley, Senate Standing Committee on Aboriginal People’s, former Senator, Dr. Thelma Chalifoux.
· September 21, The Little White School, St. Albert, to celebrate the 60th anniversary of the school which is now a historical site.
· September 21, Provincial Council meeting.
· September 24, Whitecourt, Community Consultation, Labour Market Development, to discuss future direction of employment and training.
· September 28, Gunn Recreation Centre, Gunn Local AGM.
Communication is extremely important. I have heard from many that they have not been informed of events, be it a local meeting or a community consultation. Until region IV has an active website please check my blog, http://pasulaletendre.blogspot.ca/. I will try to keep it updated to within 24 hours of the time I receive the information. If I know about it, it will be on the blog. Obviously, if I don’t know about it – I can’t post it, so keep me in the loop. For those who do not or prefer not to communicate via computer, the region IV membership list needs to be updated. I have ideas on how this can be done but I need to hear from you. This task cannot be done by a few individuals – it requires community participation to succeed. We cannot get in touch with you if we don’t have accurate information.
At the provincial council meeting I was active. Two years ago there was a motion to give each region ten thousand dollars from the core budget. This was never realized. I was instrumental in forwarding this motion.
As a leader, I understand the precept of making decisions for a corporate body, but I prefer to do that after having input from you. How to do that has been discussed over and over again and needs to be formalized. Currently we have several locals registered and most are inactive according to archived minutes (each time a local has a meeting it must forward a copy of the minutes to the region office). Historically the Métis are a creative people – entrepreneurs, initiators, so give us your ideas and let’s reconnect. You are the community!
____________________________________________________________
The regional council meeting was held the day before the AGM. That is when I was informed that the bylaws had changed since I was involved as a local president. No longer are local president's accountable to the regional council. The local president's were given money by the regional council and no reporting is mandatory or expected to the regional council. This is totally opposite from when I was a local president. In those days we had to submit our minutes from our meetings. We had accountability. Now, local president's are accountable to local members, not the regional council. I am still processing this information. FYI
As a member you can access the verbatim minutes of most meeting of the Métis Nation. I encourage you to do so.
Good news. There is serious discussion about having an Edmonton Métis Council with four elected representatives. This is a great opportunity to get involved again. Please contact me. We will be having three town hall meetings to discuss it. I insisted that every member in Edmonton be contacted at least once about these town hall meetings. This has two purposes - to update our membership list and to encourage more community involvement.
Stay posted to this blog and I will keep you informed. If I know about it, it will be here.
Thank you for listening.
My short time in office has already been eventful, apart from taking my two week preplanned vacation overseas. The orientation alone is grueling – just joking. The staff has been generous and considerate both in the region IV office and at head office.
Someone told me, “The way to stay in office is to stay out of the office.” This is what community development is about – being in the community. So if every time you call and it seems that I am not in the office, I am in the community. Meetings and events in which I participated, in addition to meeting with community members, in chronological date include;
· September 4, Michif Cultural & Resource Institute, to discuss the future of Métis culture. In attendance: Senator Gerry St. Germaine, Chair, Senate Standing Committee on Aboriginal People’s, municipal representatives from St. Albert, Director from St. Albert Musee, former Senator, Dr. Thelma Chalifoux.
· September 7, Michif Cultural & Resource Institute, to discuss poverty and women’s issues. In attendance: Senator Elizabeth Hubley, Senate Standing Committee on Aboriginal People’s, former Senator, Dr. Thelma Chalifoux.
· September 21, The Little White School, St. Albert, to celebrate the 60th anniversary of the school which is now a historical site.
· September 21, Provincial Council meeting.
· September 24, Whitecourt, Community Consultation, Labour Market Development, to discuss future direction of employment and training.
· September 28, Gunn Recreation Centre, Gunn Local AGM.
Communication is extremely important. I have heard from many that they have not been informed of events, be it a local meeting or a community consultation. Until region IV has an active website please check my blog, http://pasulaletendre.blogspot.ca/. I will try to keep it updated to within 24 hours of the time I receive the information. If I know about it, it will be on the blog. Obviously, if I don’t know about it – I can’t post it, so keep me in the loop. For those who do not or prefer not to communicate via computer, the region IV membership list needs to be updated. I have ideas on how this can be done but I need to hear from you. This task cannot be done by a few individuals – it requires community participation to succeed. We cannot get in touch with you if we don’t have accurate information.
At the provincial council meeting I was active. Two years ago there was a motion to give each region ten thousand dollars from the core budget. This was never realized. I was instrumental in forwarding this motion.
As a leader, I understand the precept of making decisions for a corporate body, but I prefer to do that after having input from you. How to do that has been discussed over and over again and needs to be formalized. Currently we have several locals registered and most are inactive according to archived minutes (each time a local has a meeting it must forward a copy of the minutes to the region office). Historically the Métis are a creative people – entrepreneurs, initiators, so give us your ideas and let’s reconnect. You are the community!
____________________________________________________________
The regional council meeting was held the day before the AGM. That is when I was informed that the bylaws had changed since I was involved as a local president. No longer are local president's accountable to the regional council. The local president's were given money by the regional council and no reporting is mandatory or expected to the regional council. This is totally opposite from when I was a local president. In those days we had to submit our minutes from our meetings. We had accountability. Now, local president's are accountable to local members, not the regional council. I am still processing this information. FYI
As a member you can access the verbatim minutes of most meeting of the Métis Nation. I encourage you to do so.
Good news. There is serious discussion about having an Edmonton Métis Council with four elected representatives. This is a great opportunity to get involved again. Please contact me. We will be having three town hall meetings to discuss it. I insisted that every member in Edmonton be contacted at least once about these town hall meetings. This has two purposes - to update our membership list and to encourage more community involvement.
Stay posted to this blog and I will keep you informed. If I know about it, it will be here.
Thank you for listening.
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