What is a Constitution?

Constitutions Generally
Constitutional law is the law prescribing the exercise of power by the official bodies of a nation state. A Constitution explains which organs can exercise legislative power (making new laws), executive power (implementing the laws) and judicial power (adjudicating disputes), and what the limitations on those powers are (Peter Hogg, Constitutional Law). In a federal state, such as Canada, the allocation of governmental powers between federal and provincial authorities (also known as jurisdiction or responsibility) is also a subject matter within a Constitution.

Further, Constitutions have been described as "a mirror reflecting the national soul" because they recognize and protect the values of a nation (Cheffins & Tucker, The Constitutional Process in Canada). Some Constitutions assert and protect the cultural, linguistic and regional diversity of the nation in question. Others provide fundamental protections to civil liberties and rights.

All Constitutions have a way of reflecting the evolution of a nation. Many nations have a Constitution that came into effect following major turmoil in the country such as war, revolution, independence, or some other remarkable change in the structure of the country. Other Constitutions demonstrate a gradual evolution as a nation. For example, Canada's development from colony to nation is reflected in a lack of any single comprehensive constitutional document. Canada has over 30 acts, orders or schedules that make up its Constitution. As well, Canada's Constitution includes unwritten doctrines, conventions and principles that effect its operation and interpretation.

Finally, a Constitution of a nation is the supreme law of that nation. Usually there is some statement that asserts a Constitution is to be given priority over all other laws.

Aboriginal Nation Constitutions
Section 35 of the Constitution Act, 1982 recognizes and affirms the existing Aboriginal and Treaty rights of the Aboriginal peoples of Canada and includes the Métis as one of those Aboriginal peoples. There is much authority to say that the inherent right of self-government is included within the meaning of the Aboriginal rights recognized and affirmed in s. 35.

Consistent with this right of self-government, many Aboriginal nations have maintained their traditional forms of governance. Other have enacted their own Constitutions independently or as a part of land claims negotiation process.

Many of these constitutional initiatives are relatively new and until recently many Aboriginal peoples governed their citizens under either the Indian Act or structures created by not-for profit or societies legislation (federal and provincial).

With developing awareness of the importance of self-governance to the health and survival of Aboriginal nations, the issue of developing internal Constitutions has become increasingly important to many Aboriginal nations. This is particularly so for the Métis Nation which has struggled under the limitations of the federal Corporations Act for years.

A Métis Nation Constitution
Within the Métis Nation, a Constitution is regarded as a document that can assert our rights as an Aboriginal people; protect our culture, language, diversity and civil liberties; govern our national, provincial and community relationships; and reflect our values, principles and aspirations as a nation.

A Métis Nation Constitution does not need to be like the Canadian Constitution or that of any other nation! Although there are some appropriate component parts of other Constitutions that might be adapted, for the most part, a Métis Nation Constitution must reflect the nation's distinct history, reality and aspirations. The Métis Nation's political, cultural and socio-economic reality cannot be found in the Constitution of another nation; therefore, a Métis Nation Constitution should not attempt to mirror that of others.

Within a Métis Nation Constitution, we can effectively recognize our unique existence and political history, as well as, set out our beliefs as to who we are as an Aboriginal people and how we choose to exercise our self-government. A Métis Nation Constitution can serve to bind our people together so we can move forward as a united Aboriginal nation exercising its inherent right of self-government. A Constitution for the Métis Nation can indeed function as a mirror reflecting our national soul!