Bill C-302

1st Session, 41st Parliament,

60 Elizabeth II, 2011

house of commons of canada

BILL C-302

An Act respecting Louis Riel

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

1. This Act may be cited as the Louis Riel Act.

PURPOSE

2. The purpose of this Act is to reverse the conviction of Louis Riel for high treason and to formally recognize and commemorate his role in the advancement of the Canadian Confederation and the rights and interests of the Métis people and the people of Western Canada, in recognition that

(a) beginning in 1670, under charter from King Charles II of England, the Hudson’s Bay Company governed the territory known as Rupert’s Land;

(b) Canada negotiated the purchase of the Hudson’s Bay Company’s rights in the territory without consulting the inhabitants of that territory;

(c) the people of the territory, led by Louis Riel, refused to allow Canada to acquire jurisdiction over the territory without recognition of their rights;

(d) in 1869, after the Hudson’s Bay Company ceased to govern the territory and before Canada acquired jurisdiction over it, the people of the portion of the territory known as Red River established a Provisional Government based upon principles of tolerance and equality of representation between the Métis majority and the French, English and First Nations minority populations;

(e) the Provisional Government elected Louis Riel as its President;

(f) as a condition of its acceptance of that territory’s acquisition by Canada, the Provisional Government drafted and unanimously adopted a List of Rights for the governance of the territory;

(g) the List of Rights was accepted by the Government of Canada as the basis for the entry of the territory into the Canadian Confederation and for the passage of the Manitoba Act;

(h) the rights of the Hudson’s Bay Company to such lands were transferred to Canada on July 15, 1870, whereupon Manitoba became the fifth province to join Confederation and the first province in Western Canada;

(i) the name “Manitoba” was submitted by Louis Riel and chosen by the Parliament of Canada as the name of the province;

(j) Louis Riel is recognized as the Founder of the Province of Manitoba;

(k) in 1871, Louis Riel, at the request of Adam G. Archibald, the Lieutenant-Governor of Manitoba, organized the Métis to repel the Fenian threat to Canada, for which he was publicly commended by the then Lieutenant-Governor;

(l) Louis Riel was elected three times to the House of Commons of Canada, on October 13, 1873, January 13, 1874, and September 3, 1874, but as a result of political pressure, was never allowed to take his seat;

(m) as a further result of the same political pressure, Louis Riel was forced to leave Canada;

(n) by the 1880s, the people living in the Northwest Territories had become increasingly concerned about the lack of respect by the Government of Canada for their rights;

(o) in 1884, they called on Louis Riel to return to Canada to assist them in negotiating once more with the Government of Canada in respect of their land claims and the very survival of the Métis people;

(p) all of the petitions sent by the Métis to the Government of Canada requesting a redress of the people’s grievances and the recognition of their rights were ignored;

(q) the Government of Canada responded by sending troops against the Métis at Batoche;

(r) the Métis, under the leadership of Louis Riel and Gabriel Dumont, defended their homes;

(s) the First Nations joined the Métis in the defense of their lives, families, rights and territories;

(t) as a result of the events in the Northwest Territories in 1885, Louis Riel was wrongfully tried, convicted and, on November 16, 1885, executed for high treason by the Government of Canada;

(u) in March of 1992, the House of Commons and the Senate of Canada unanimously adopted resolutions recognizing the various and significant contributions of Louis Riel to Canada and to the Métis people and, in particular, recognizing his unique and historic role as a founder of Manitoba;

(v) in May of 1992, the Legislative Assembly of Manitoba unanimously passed a resolution recognizing “the unique and historic role of Louis Riel as a founder of Manitoba and his contribution in the development of the Canadian Confederation”; and

(w) it is consistent with history, justice and the recognition of the unique and important contributions of Louis Riel to Canada and to the Métis people that the conviction of Louis Riel for high treason be reversed and that his historic role be formally recognized and commemorated.

CONVICTION OF LOUIS RIEL REVERSED

3. Louis Riel is hereby deemed to be innocent of the charge of high treason. His conviction for high treason is hereby reversed.

4. Nothing in this Act abrogates or derogates from any right or remedy, including any right of action, that a person had on the coming into force of this Act, or confers on a person any right or remedy, including any right of action.

5. Nothing in this Act is to be construed as limiting or affecting in any manner Her Majesty’s royal prerogative of mercy or the Letters Patent Constituting the Office of Governor General of Canada relating to pardons.

RECOGNITION OF HISTORIC ROLE OF LOUIS RIEL

6. Louis Riel is hereby recognized as a Father of Confederation and the Founder of the Province of Manitoba.

7. (1) Throughout Canada, in each and every year, the 15th day of July is to be known as “Louis Riel Day”.

(2) For greater certainty, Louis Riel Day is not a legal holiday or a non-juridical day.

POWERS OF THE MINISTER OF CANADIAN HERITAGE

8. The Minister of Canadian Heritage may

(a) mark or commemorate by means of historical plaques or monuments, or in any other suitable manner, the places and buildings where events of historical significance in the life of Louis Riel took place;

(b) authorize the placing of a statue of Louis Riel on Parliament Hill;

(c) undertake, pursue or sponsor research relating to these historical events and take appropriate steps to respect the historical record;

(d) take appropriate action for the preservation of the Métis culture, languages and history; and

(e) establish a scholarship program for Métis students in Louis Riel’s name.