Powley Case
Voyageur Articles
January/February, 1999
Sault Ste. Marie: The first court victory
On December twenty first, 1998, in a drab and featureless,
courtroom of the provincial courthouse of Sault Ste. Marie,
Charles Vaillancourt, a judge in the provincial division of
the Ontario Court of Justice, delivered his ruling on what
has come to be known as, ‘the Powley Case.’ ‘...I
am also satisfied,’ said Judge Vaillancourt, ‘that
the defense has met its onus to establish Aboriginal right
pursuant to s.35 of the Constitution Act, 1982 and accordingly
the charges against both the accused are dismissed....’...The
issue that came to a head was much larger than those revolving
around the shooting of one moose! The case raised fundamental
questions about definition. Who is a Métis, and what
defines a Métis community?
Judge Vaillancourt’s own definition of who is Métis...reads:
‘...I find that a Métis is a person of Aboriginal
ancestry; who self identifies as a Métis; and who is
accepted by the Métis community as a Métis.’
It took 1,886 days for Steve to see his action vindicated
and a new door opened for the exercise of Métis rights
in Ontario. |
