The Métis have Aboriginal rights, which are protected
by s. 35 of the Constitution Act, 1982. In this case, it
was established that the Powley's have an Aboriginal right
to hunt as Métis.
Métis rights, as Aboriginal rights, are collective
rights.
The existence of the Métis right to hunt exercised
by the Powley’s flows from:
1.The existence of a historic Métis community at Sault
Ste. Marie;
2. Hunting was an integral part of that Métis community's
culture;
3. The Métis community continued to exist at Sault
Ste. Marie;
4. The modern day Métis community at Sault Ste. Marie
is rooted in the historic Métis community, and that
hunting is still a crucial part of the Métis community's
culture;
5. The Powleys belong to the Métis community at Sault
Ste. Marie are descendants of the historic Métis
community and were hunting within the Métis community's
traditional territory.
The Métis right to hunt is not game or species specific.
Who is Métis and Who has a Right to Hunt?
The Court has left it open to allow the Métis Nation
to define its own citizenship by recognizing that who is
Métis for the purposes of exercising a Métis
harvesting right may be different than who is Métis
for other purposes (i.e. such as citizenship within the
MNO).
Powley confirms that a s. 35 Aboriginal harvesting right
of a Métis community can be exercised by someone
who:
1. Self-identifies as Métis;
2. Has a demonstrated genealogical connection to the historic
Métis community; and
3. Is accepted as Métis by the Métis community.
The
Court recognized that there might be other individuals who
legitimately claim Métis identity, but do not have
a genealogical connection to the historic Métis community.
However, whether these individuals may also exercise a Métis
community's harvesting right was not decided in this case
because the facts did not warrant such a determination.
Ancestors of Métis harvesting rights claimants could
have taken treaty without losing their Aboriginal rights
or Métis status.
For more info on Métis Rights, please read Jean Teillet's Métis
Case Law Summary HERE
(in PDF form) >>>
