[ql06] PUBLIC: Historic SCC court win for Métis

From: "Ken Campbell -- LAW'06" <2kc16@xxxxxxxxxxxxxxxx>
To: <ql06@xxxxxxxxxxxxx>
Date: Mon, 29 Sep 2003 09:51:10 -0400
From article:

    The 9-0 ruling recognizes for the first time that the term
    "Métis" in section 35 of the Constitution refers to a
    "distinctive rights-bearing people" who deserve the same
    recognition as Canada's Inuit and Indian peoples.

S.35 (Constitution Act, 1982):

    (1) The existing aboriginal and treaty rights of
        the aboriginal peoples of Canada are hereby
        recognized and affirmed.

    (2) In this Act, "aboriginal peoples of Canada"
        includes the Indian, Inuit and Métis peoples
        of Canada.

Ken.

--
Sometimes a scream is better than a thesis.
          -- R.W. Emerson



--- cut here ---

Historic court win for Métis
Can claim aboriginal right to hunt for food
9-0 Supreme Court ruling upholds acquittal

TONDA MACCHARLES
OTTAWA BUREAU
TORONTO STAR
September 20 2003


OTTAWA -— In a historic decision for the nearly 300,000 Canadians who
call themselves Métis, the Supreme Court of Canada ruled yesterday Métis
people can claim an aboriginal right to hunt for food under the 1982
Constitution.

Dozens of Métis activists and advocates cried for joy and hugged each
other in the court's marbled lobby at the news the judges unanimously
had upheld the acquittal of two Sault Ste. Marie men who hunted deer out
of season.

The 9-0 ruling recognizes for the first time that the term "Métis" in
section 35 of the Constitution refers to a "distinctive rights-bearing
people" who deserve the same recognition as Canada's Inuit and Indian
peoples.

It ruled the mixed-blood descendants of European fur-traders and
settlers and Indian or Inuit forged a "new culture and a distinctive
group identity in Canada," making inclusion of the Métis in the
Constitution no mere accident.

"Section 35 reflects a new promise: a constitutional commitment to
protecting practices that were historically important features of
particular aboriginal communities," the court wrote.

The ruling was a personal victory for Steve Powley, 55, and his son
Roddy, 28, charged with hunting moose out of season. But advocates,
governments, and critics alike agreed the ruling has huge implications
beyond the Powleys or the Métis of the Soo.

"As the great grand-niece of Louis Riel, I feel we have vindicated all
the things that (rebellion leader) Riel ... and many of our other great
leaders have fought for for over 100 years," said Powley's Métis lawyer
Jean Teillet. "It's a marvellous day for us."

Teillet said the ruling would force federal and provincial governments
to negotiate with Métis everything from resource rights, like hunting
and fishing, to health benefits to land claims.

"Their policies so far have been composed of two letters: N-O. And
they're going to have to turn around and start working with us."

Audrey Poitras, interim president Métis National Council, and president
of the Métis Nation of Alberta, said governments can no longer duck
their obligations to Métis and deal only with First Nations and Inuit as
aboriginals.

Ralph Goodale, federal minister for Métis issues, urged calm as hunting
season starts and phoned Poitras to say Ottawa is willing to discuss
implementing Métis rights "in good faith."

"It's time to go celebrate," said Steve Powley, a truck driver before an
accident on a remote hunting trip brought infection that led to the loss
of his right leg. He now uses a wheelchair.

Ontario's lawyers, backed by attorneys-general for Canada and several
provinces, argued unsuccessfully against Métis hunting rights, citing
conservation and other concerns.

WITH FILES FROM CANADIAN PRESS
[ql06] PUBLIC: Historic SCC court win for Métis

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