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Bill C-417

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1st Session, 36th Parliament,
46-47-48 Elizabeth II, 1997-98-99

The House of Commons of Canada

BILL C-417

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

Short title

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

PURPOSE

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 Canadian Confederation and the rights and interests of the Metis 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 Bay Company's rights in the territory without consulting the inhabitants of the said 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, 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 Metis 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 Bay Company to such lands were transferred to Canada on the 15th day of July 1870, whereupon Manitoba became the fifth province to join Confederation and the first province from 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 Metis 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 Canadian Government 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 Metis people;

    (p) all of the petitions sent by the Metis 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 Metis at Batoche;

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

    (s) the First Nations joined the Metis 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 executed for high treason by the Government of Canada on November 16, 1885;

    (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 Metis 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 with the recognition of the unique and important contributions of Louis Riel to Canada and to the Metis 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

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.

Existing rights maintained

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

Saving provision

5. Nothing in this Act shall 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

Recognition of Louis Riel's place in history

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

Louis Riel Day

7. (1) Throughout Canada, in each and every year, the 15th day of July shall be known as ``Louis Riel Day''.

Not a legal holiday

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

POWERS OF THE MINISTER OF CANADIAN HERITAGE

The powers of the Minister of Canadian Heritage

8. The Minister of Canadian Heritage may

    (a) mark or commemorate by means of historical plaques, 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 historic record;

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

    (e) establish a scholarship program for Metis students in Louis Riel's name.