Powley Case
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Top Ontario court upholds Métis hunting rights
(From CBC Website)
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TORONTO - The Ontario Court of Appeal has upheld Métis
hunting rights, but it's also given the province a year to
work out details before open season is declared.
The case involved two Métis men who were arrested for
shooting a bull moose near Sault Ste. Marie in 1993.
Steve Powley and his son Rod were charged with illegally hunting
and possessing moose.
Two lower courts threw out the charges, saying the Métis
have a right to hunt.
Friday's appeal court ruling reaffirmed that under Section
35 of the Constitution, Inuit and Métis people have
special treaty and other rights permitting them to hunt for
a living.
At the same time, the court granted Ontario's request to extend
a current ban on hunting while working out the details of
conservation guidelines with Métis people.
"I have concluded that the respondents have demonstrated
that they have a significant link with the historic Métis
community of Sault Ste. Marie, that they are members of that
community, and that they are thereby entitled to exercise
an aboriginal right to hunt for food within the hunting territory
of that community,'' wrote judge Robert Sharp.
Métis leaders called the ruling a big victory for native
people. Métis Nation of Ontario president Tony Belcourt
said it should serve as a wakeup call to the government to
negotiate with the community.
A spokesperson for the attorney general says the province
is happy with the one-year stay provision because conservation
of natural resources is a major issue in the case.
Ontario must now decide whether to appeal to the Supreme Court
of Canada.
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