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47-548: Formed in 1928 as the Métis Association of Alberta , its primary founding members were Felice Callihoo, Joseph Dion, James P. Brady , Malcolm Norris , and Peter Tompkins. The MNA is led by a democratically elected President, a position currently (as of 2023) held by Andrea Sandmaier since 2023, as well as an elected Women's Representative and Youth Representative. The organization also has 22 regionally-elected Citizens' Representatives and District Captains, who, together with

94-453: A fee simple or fee simple absolute is an estate in land , a form of freehold ownership. A "fee" is a vested, inheritable, present possessory interest in land. A "fee simple" is real property held without limit of time (i.e., permanently) under common law , whereas the highest possible form of ownership is a "fee simple absolute", which is without limitations on the land's use (such as qualifiers or conditions that disallow certain uses of

141-458: A life estate , although this is uncommon. In the United States, life estates are most commonly used either to grant someone use of the property for the remainder of that person's life in a will, or by a grantor to reserve the right to continue using the property for the remainder of the grantor's life after it is sold. The right to ownership of the property after the death of the life estate owner

188-459: A tax deduction for the gift of their remainder interest in the property, and at the donor's death, the property passes to the organization without being subject to probate . Retained life estate gifts often involve agreements about acceptable uses of the property, payment of real estate taxes, property maintenance, etc. during the donor's lifetime. If previous grantors of a fee simple estate do not create any conditions for subsequent grantees, then

235-607: A Framework Agreement that set the stage for self-government negotiations with the Métis Nation within Alberta. In particular, the Framework Agreement commits the parties to making best-efforts to reach a self-government agreement within two years (by 16 November 2019) that would provide for recognition of a constitution, which would establish the core functions of a self-government for the Métis Nation within Alberta. On June 27, 2019,

282-615: A negotiated and legislated land base. There are eight Metis Settlements covering an area of 1,400,000 acres (5,700 km). The land was granted by Letters Patent in 1990 and is held collectively in fee simple through the Métis Settlements General Council , the only governing political assembly of the Metis Territories. The eight Settlements are: James P. Brady James Patrick Brady , better known as Jim Brady (March 11, 1908 – disappeared June 7, 1967),

329-425: A park), the estate will automatically terminate and revert to the grantor or the grantor's estate; this is called a fee simple determinable. If the grantor uses language such as "but if alcohol is served", then the grantor or the heirs have a right of entry if the condition occurs, but the estate does not automatically revert to the grantor; this is a fee simple subject to a condition subsequent. In most jurisdictions in

376-417: A specified event happens, the estate may become void or subject to annulment. There are two types of defeasible estates: fee simple determinable and the fee simple subject to a condition subsequent. If the grantor uses durational language in the condition such as "to A. as long as the land is used for a park", then upon the happening of the specified event (in this case if the land is used for anything other than

423-525: A specified term, such as in an estate for years . A fee also could be limited through the method of its inheritance, such as by an "entailment", which created a fee tail . Traditionally, fee tail was created by words of grant such as "to N. and the male heirs of his body", which would restrict those who could inherit the property. If no heirs could be found, then the property would revert to the original grantor's heirs. Most common law countries have abolished entailment by statute. An estate in fee simple denotes

470-413: Is called the remainder estate . In England and Wales fee simple is the only freehold estate that remains; a life estate can only be created in equity and is not a right in property. In the United States, retained life estates are often used by donors who intend to leave property as bequests to charitable organizations while retaining the use of the property during their lifetimes. The donor receives

517-555: Is home to eight Métis Settlements established by provincial legislation; many Métis Settlement members are also registered MNA citizens, but many are not. The Metis Settlements are the only secure Métis land base in Canada, resulting in Alberta having the largest population of declared Métis of any Canadian province . The Métis Nation within Alberta is an integral part of the larger Métis Nation —a distinct Indigenous people whose homeland stretches across west-central North America . By

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564-487: Is led by a democratically elected President a position currently (as of 2023) held by Andrea Sandmaier since 2023, as well as an elected Women's Representative (Tai Amy Grauman) and Youth Representative (Rebecca Lavallee). The organization also has 22 regionally-elected Citizens' Representatives and District Captains, who, together with the Provincial President, Women's Representative and Youth Representative, make up

611-530: The Métis Association of Alberta (MAA; later renamed the Métis Nation of Alberta ). The organization would be the manifestation of the Métis Nation within Alberta's long struggle to have their self-government, rights, and interests recognized within the province. In 1934, in response to MAA lobbying, Alberta appointed the "Half-breed Commission" to examine and report on Métis health, education, homelessness, and land issues. The MAA's leadership consistently attended

658-663: The Métis Association of Alberta , the Métis Association of Saskatchewan , and the Métis Association of La Ronge . He and Norris were motive force behind formation of Alberta's Metis settlements. Jim Brady's disappearance is still the subject of mystery and controversy. He disappeared in northern Saskatchewan while on a prospecting trip with a Cree friend in June 1967. Their remains were never found, fueling speculation that they may have been murdered, or assassinated for his political activities. Fee simple In English law ,

705-612: The Northwest Territories , and the northern United States . Since the early 20th century, the Métis in Alberta have organized at the provincial level to advocate for the rights and interests that we hold together as an Aboriginal people . In 1928, Felice Callihoo, Joseph Dion, James P. Brady , Malcolm Norris , and Peter Tompkins founded the Association des Métis Alberta et les Territoires du Nord-Ouest , which would later be known as

752-583: The allodium of all land in England, meaning that it was the ultimate "owner" of all land in the past feudal era. Allodial title is reserved to governments under a civil law structure. However, the Crown can grant ownership in an abstract entity – called an estate in land – which is what is owned rather than the land it represents. The fee simple estate is also called "estate in fee simple" or "fee-simple title", or sometimes simply "freehold" in England and Wales. From

799-776: The "MNA has not provided a conclusive answer to the question of who speaks for the non-settlement Métis". In December 2022, MNA members voted to approve the Otipemisiwak Métis Government Constitution. The legality of this document has been challenged in court by the Metis Settlements General Council and the MNA local Grande Cache. On February 24, 2023, the MNA signed the Métis Nation Within Alberta Self-Government Recognition and Implementation Agreement with

846-512: The Citizens' Council, that are appointed to Cabinet (government) by the President. These Secretaries meet with government officials and stakeholders. The MNA is divided into 22 Districts across Alberta, each with its own Citizens' Representative and District Captain: (as of 2023) The Otipemisiwak Métis Government Cabinet: (as of 2023) The Métis of Alberta are the only Métis in Canada to have

893-571: The Government of Canada and the Métis Nation of Alberta signed a Métis Government Recognition and Self-Government Agreement (MGRSA) which recognizes the MNA as the government of the Metis Nation within Alberta and identifies the path for formalizing that recognition of the MNA as the government of the Métis Nation within Alberta within the Canadian legal system. In 2020, six local of the MNA voted to leave

940-544: The Government of Canada. Métis Settlements General Council has filed a notice in the federal court for a judicial review of this agreement. The Fort Macy Metis has also challenged this agreement on the basis that the agreement "adopts and deploys the term 'Métis Nation within Alberta' in order to assert a province-wide geographical scope of the MNA’s self-government that will, or has the potential to, subsume and/or supplant rights-bearing Métis Communities.” The Métis Nation of Alberta

987-604: The MNA and start a new body called the Alberta Metis Federation . This was at the same time that the MNA was in a dispute with the Manitoba Metis Federation. In 2021 the MNA sued the province for breaking off negotiations over a Metis Consultation Policy (MCP). In January 2022, Justice Bernadette Ho of the Alberta Court of King's Bench ruled that the Government had the right to stop negotiations and that

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1034-465: The Métis Nation within Alberta, a registry funded by the federal government, which is the level of government with constitutional responsibility for Métis. Citizens of the Metis Nation exist both on and off of the Metis Settlements and Métis Settlement membership, in of itself, does not necessarily identify rights-bearing citizens of the Métis Nation. On 16 November 2017, the MNA and Canada signed

1081-626: The Otipemisiwak Métis Government. The organization has branches that deal with unemployment , child services , land agreements , and the rights of Métis people as Aboriginal peoples in Canada (as recognized and affirmed in Section 35 of the Constitution Act , 1982 ). The MNA currently has over 68,000 registered citizens. These branches have appointed Secretaries that deal with their respective portfolios. Secretaries are members of

1128-445: The President, Women's Representative and Youth Representative, make up the Otipemisiwak Métis Government. The organization and its 22 Districts have branches that deal with unemployment , child services , land agreements , and the rights of Métis people as Aboriginal peoples in Canada (as recognized and affirmed in Section 35 of the Constitution Act , 1982 ). The MNA currently has over 68,000 registered citizens. Alberta itself

1175-423: The United States these concepts have been modified by statute. Fee simple determinable was generally preferred by courts in the common law of the early United States. Recently, that trend has reversed, and most courts in the United States will find a fee simple subject to condition subsequent in situations where the conveying document's language is unclear. The claim that no rent or similar obligations are due from

1222-645: The commission's hearings. After a two-year investigation, the Commission recommended that the province provide Métis with a secure land base and adequate services. In 1938, Alberta responded by adopting the Métis Population Betterment Act , which created the province's 12 original Métis colonies (between 1941 and 1960, Alberta rescinded four of these colonies). In 1961, the MAA was first incorporated and registered under provincial legislation. This registration

1269-402: The deed or will must state "to B and his heirs". Anything short of those words transferred a smaller estate. Modern deeds usually follow a standardized form. There is a presumption that the testator intends to convey his or her property in fee simple unless the will indicates an intention to transfer a smaller estate, such as a life estate. Many jurisdictions retain the possibility of creating

1316-448: The early 1800s, the Métis Nation emerged as a new and distinct Indigenous people in what is now western Canada . The Métis Nation developed its own group identity, language ( Michif ), culture, way of life, and forms of self-government throughout the inter-related communities and territory of their homeland. The Métis Nation Homeland spans present day Manitoba , Saskatchewan , and Alberta , and extends into Ontario , British Columbia ,

1363-648: The eight remaining Métis colonies. Ultimately, these negotiations culminated in the signing of the Alberta-Metis Settlements Accord in 1989. The following year, pursuant to the Accord, Alberta passed the Metis Settlements Act and related legislation, and granted the Metis Settlements General Council (MSGC) fee-simple title to the lands of what are now known as the Metis Settlements . This

1410-555: The formalization of today's contemporary Métis Settlements in Alberta. Brady is a member of the historic Metis Settlements "Famous Five" leadership. In addition to his political work, Brady was a well-known photographer. Primarily showcasing woodlands or hunting scenes, Brady used the lens to argue for Métis political resurgence and self-determination . In notable works collected by the Glenbow Museum , Brady's peers can be seen demonstrating principles of self-sufficiency and living off

1457-502: The grantor if the condition fails; this is a fee simple conditional . The word "fee" is related to the term fief , meaning a feudal landholding. Feudal land tenures existed in several varieties, most of which involved the tenant having to supply some service to his overlord, such as knight-service (military service). If the tenant's overlord was the king, grand serjeanty , then this might require providing many different services, such as providing horses in time of war or acting as

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1504-474: The king's ceremonial butler. These fiefs gave rise to a complex relationship between landlord and tenant, involving duties on both sides. For example, in return for receiving his tenant's fealty or homage , the overlord had a duty to protect his tenant. When feudal land tenure was abolished, all fiefs became "simple", without conditions attached to the tenancy. In English common law, the Crown had radical title or

1551-401: The land or subject the vested interest to termination). The rights of the fee-simple owner are limited by government powers of taxation , compulsory purchase , police power , and escheat , and may also be limited further by certain encumbrances or conditions in the deed , such as, for example, a condition that required the land to be used as a public park, with a reversion interest in

1598-642: The land, central to the artist's ideology. Brady practiced until his disappearance, and saw this pastime as a tool of resistance against settler colonialism. He was born on March 11, 1908, parented by a daughter of Métis Strathcona, Alberta pioneer Laurent Garneau and an Irish immigrant. Brady served in the Canadian Army in the European Theatre of World War II . He also helped to found numerous Métis political organizations in Western Canada . These included

1645-449: The maximum ownership in land that can be legally granted; it is the greatest possible aggregate of rights, powers, privileges and immunities available in land. The three hallmarks of the fee simple estate are that it is alienable , devisable and descendible . Rules requiring words of general inheritance to create fee simple by conveyance have been abolished by statute in the United States. To convey an estate in fee simple at common law,

1692-457: The owner of property in fee simple is only partially true. For example, a rentcharge may exist requiring a freeholder to pay a fixed sum of money closely resembling rent, and many jurisdictions have created financial obligations that may be imposed on a freehold estate. England and Wales impose an estate charge . In the United States , fee simple owners are usually subject to property tax and

1739-402: The property during their lifetime and typically have a say in determining who gets to own an interest in the property after their death. Historically, estates could be limited in time. Common temporal limitations include life estate , a land ownership that terminates upon the grantee's (or another person's) death even if the land had been granted to a third party, or a term of years, a lease for

1786-408: The property's common areas; however, these are generally treated legally as covenants running with the land (contracts binding on the possessors of real property) imposing an affirmative duty to pay money rather than as rent for property held in fee simple. Fee – A right in law to the use of land; i.e. a fief . Simple – in the unconstrained sense: The English word fee ultimately goes back to

1833-477: The revenue generated is directed to the municipality's general fund. Other local tax assessments called "special purpose taxes" may be assessed in addition to the property taxes for specific purposes such as infrastructure improvements. Real estate owned as a condominium is usually similarly owned in fee simple, but typically subject to rules in the declaration of condominium or created by the condominium association, such as paying required monthly fees for maintaining

1880-414: The sale of fee simple estates. William Blackstone defined fee simple as the estate in land that a person has when the lands are given to him and his heirs absolutely, without any end or limit put to his estate. Land held in fee simple can be conveyed to whomsoever its owner pleases; it can also be mortgaged or put up as security. Owners of real property in fee simple have the privilege of interest in

1927-480: The start of the Norman period, when feudalism was introduced to England, the tenant or "holder" of a fief could not alienate (sell) it from the possession of his overlord. However, a tenant could separate a parcel of the land and grant it as a subordinate fief to his own sub-tenant, a process known as sub-enfeoffing or " subinfeudation ". The 1290 Statute of Quia Emptores abolished subinfeudation and instead allowed

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1974-415: The title is called fee simple absolute . A fee simple absolute is the highest estate permitted by law, and it gives the holder full possessory rights and obligations now and in the future. Other fee simple estates in real property include fee simple defeasible (or fee simple determinable ) estates. A defeasible estate is created when a grantor places a condition on a fee simple estate (in the deed ). When

2021-414: The umbrella group for off-settlement Métis, concurs in this process. That in itself is historic because the Métis community have come together on this process realizing that they all win, they all have access to it. So I don't think we're establishing two classes of people. That's not the intent. We're doing this for the Métis of Alberta .... The MNA has the only objectively verifiable registry of citizens of

2068-556: Was a Canadian Métis political leader and activist in Saskatchewan and Alberta . Along with Malcolm Norris , he is generally regarded as one of the two most influential Métis leaders of his era. Brady was a self-educated Marxist , Socialist , and Métis nationalist , as well as a member of the Communist Party of Canada . Brady was a strong advocate and voice for the Métis of Alberta and would go on to become an instrumental part in

2115-458: Was done for the benefit of all Métis in Alberta: [T]his legislation is for all Métis of Alberta. Yes, it's directed to the settlements because that is in fact where the land base of 1.25 million acres is located, on the eight settlements. But any Métis can access membership and the rights to live and follow the Métis culture on these settlements... The Métis Association of Alberta, which is more or less

2162-553: Was incorporated and registered under provincial legislation. It aimed to provide the remaining Métis colonies with a united voice. One of the FMS' earliest leaders, Adrian Hope, was a proud member of the MAA who had attended the hearings of the Half -breed Commission on the MAA's behalf and had served as MAA president from 1961 to 1967. The FMS negotiated with the Government of Alberta for increased political, cultural, social, and economic development on

2209-515: Was mainly done because governments began making funding available to Indigenous representative organizations such as the MNA but insisted that such organizations be incorporated in order to be legally-recognized entities and obtain the funding available. MAA's leaders chose to incorporate the organization to act as a legal and administrative complement to Métis self-government. In 1975, the Alberta Federation of Metis Settlements Association (FMS)

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