Can a Metis settlement check whether an individual has treaty Indian status?
• Yes, if this is for the purpose of determining or verifying eligibility for membership, as part of the application process. One of the eligibility criteria for membership, under section 75(1) of the Metis Settlements Act (MSA), is that an individual not be registered under the Indian Act (Canada). Also, section 76 of the MSA requires proof of Metis identity for the membership application process. Therefore, section 34(1)(n) of the FOIP Act would permit the indirect collection of Treaty Indian status information to determine the individual’s eligibility for settlement membership.
