Powley Case
Voyageur Articles
President’s Message:
Métis Nation’s era of anxiety finally over ...
by Tony Belcourt
On Tuesday, March 18th, I began my day feeling that something
was missing. I seemed to be at loose ends.
I made my way to the Supreme Court of Canada where, for
the second day in a row, and for the very first time, Métis
cases were being heard that would go down in history. As I
was driving, it struck me that what was missing was the anxiety
in my gut about what would happen to us once the Supreme Court
had dealt with R. v. Powley. I was also acutely aware of the
calm that I felt about everything.
The Métis Nation of Ontario was born during the “Powley
Era” and vice versa. It is the Métis Nation that
nurtured Powley and gave it the backing it needed. The Métis
Nation put all of its stock in Powley—the little we
had when you think that this all began when the MNO was just
getting off the ground. At that time, there was precious little
stock in our hands other than faith and determination, and
the good fortune of a brilliant legal team headed by our own
Jean Teillet.
For nearly a decade, we have rallied around Powley. We’ve
waited with baited breath to hear the details from Jean as
each chapter unfolded. We chewed our nails and gasped in shock
and disgust when we heard how our government at Queen’s
Park felt about us as a people. In fact, their point all along
in every court, right up to the Supreme Court, was that we
didn’t exist as a people. As each chapter unfolded,
despite the hurt and anger in knowing the true position of
Ontario, we got stronger.
As each year went by, we drew greater confidence in having
a better understanding of our historic Métis communities
in Ontario. We have gathered an incredible storehouse of knowledge
about the unwritten chapters of our history. An astonishing
data base of the genealogy of a proud people who once existed,
and who exist still, has been amassed in the MNO Registry.
A new breath of life has been given to our cultural well-being.
To be sure, we have also had some tough times. We had to face
mounting costs every year for legal and court battles, while
at the same time facing Ontario Government officials who were,
initially, finding every trumped up way to deny the MNO from
program funding. We also shot ourselves in the foot from time
to time, and had to struggle, constantly, against outside
forces interfering in our affairs and diverting precious financial
resources from us.
Nevertheless, when all is said and done we not only persevered,
we grew steadily and saw Powley through to the end: an end
where we are clear of all debt in the case, thanks to financial
support provided by the MNO; by fundraising in our communities;
funds found by our lawyers; funds provided by the Métis
National Council; and, finally, by the Department of Indian
and Northern Affairs.
Perhaps knowing this contributed to my seeming lack of anxiety
the day after Powley was heard. To be sure, the worry about
money will torment anyone, and it was a great relief to head
into court knowing the bills would be paid. However, before
I actually witnessed what went on in the Supreme Court, I
was getting increasingly nervous. We had put the recognition
of Métis rights on the line. We had done well in every
court so far, but this was the big one. The final one. And
nobody can predict its outcome.
However, during the first hour of the debate as I heard one
intervention from the bench after another, I think the furrows
on my brow slowly dissipated. The Justices of the Supreme
Court, in questioning the Ontario Crown, repeatedly made it
clear that the Constitution of Canada must have meaning, that
having the rights of the Métis entrenched in Section
35 was not meant to be a pointless exercise; that it is the
duty of the Court to give meaning to rights in the Constitution.
We won’t know the results for a number of months; most
likely, we will not get a decision with which we are all 100%
happy. However, I am certain we will have a decision that
will provide a reasonable way for Métis communities
to establish that they have the right to hunt and fish for
food, a decision that will serve as the basis, once and for
all, for recognition that we exist as a people, and that there
are obligations to the Métis that governments can no
longer ignore.
I’m feeling decidedly more at ease about our future
these days. It’s great comfort after all these years. |
