Metis Rights: Regina vs. Powley When section 35 of Canada's 1982
Constitution Act identified Métis as Aboriginal peoples of Canada, it
gave Métis people distinct rights and constitutional protection. With
exception of Alberta — which has set aside land for self-governing Métis
settlements and has signed an agreement with Métis Nation of Alberta to
legally permit year-round harvesting to Métis rights-holders — the
Canadian government and other provinces have done little to legally
recognize the aboriginal rights of the Métis.
There have been a number of legal challenges that have tested and
challenged the constitutional commitment made to Métis in 1982. For
example, in December 1998, a northern Ontario Métis was charged with
hunting without a license. Ontario Judge Charles Vaillancourt acquitted
this person on the grounds that Métis have Aboriginal hunting rights.
This case was precursor to another legal challenge that went all the way
to the Supreme Court of Canada. In 1993, Steve Powley and his son Roddy
were arrested in southern Ontario for hunting moose without a license
and outside the provincial hunting season. They argued that they were
acting within their constitutional rights to hunt for food. In section
35, the term ‘Métis’ refers to distinctive peoples who, in addition to
their mixed ancestry, developed their own customs, way of life, and
recognizable group identity separate from their Indian or Inuit and
European forebears." On September 19, 2003 the Supreme Court of Canada
ruled that indeed, as a Métis, Powley was exercising his Aboriginal
rights. The highest court in the land affirmed what Métis have long
known they are a distinct aboriginal people with constitutional rights.
[Top] [Back] |
Metis Association of Alberta
(1932)
Ewing Commission (1934-1936)
The Metis Betterment Act (1938)
The Alberta Federation of Metis Settlements Formed (1973)
MacEwan Joint Metis-Government Committee (1982-1984)
Resolution 18 Incorporated (1985)
Metis Settlements Accord Adopted (1989)
Metis Settlements General Council
Metis Rights: Regina vs. Powley
Who Are Metis?
Harvesting Rights for Alberta's Metis |