Powley Case
Voyageur Articles
Powley vindicated one last time
by Tom Spaulding
Friday September 19th. The Supreme Court of Canada. The tension
crackled like static electricity. This was the day of days,
the day that for ten years, Steve Powley and his son Roddy
had waited for, the day, that for ten years had devoured countless
hours of Jean Teillet’s time and skill. This was a day
with the power to affirm the citizens of the Métis
Nation of Ontario or to deny their existence, yet again, and
prolong the difficulties suffered by all Métis in Canada
since the 1870’s. September 19th was the day on which
the Judgment would be rendered on what has come to be known
as “the Powley Case”.
In the lobby dozens of sash-wearing Métis were gathered
in small groups. Some were leaning over the marble railing
which connects the two marble staircases leading up to the
courtroom occupied by many of us just six months ago. Others
were on the stairs themselves, not knowing, it would appear,
whether to go up or down. There were small clusters of us
gathered about some of the doorways. ‘Where’,
I think most of us wondered, and ‘how’, would
the decision be delivered.
Would the angel Gabriel appear through the great ceiling,
amidst a clangour of trumpets and shout out the news to us?
Would a thousand doves arrive and coo the message in our ears?
No one knew.
Under the ever watchful eye of the Commissionaires and security
guards we talked quietly, or not at all. Our ranks were swollen
by members of the press, their Beta-cams and note books waiting.
The centre of the lobby remained strangely empty. I still
don’t know why. We all seemed to prefer corners and
walls.
Suddenly there was a stir of activity in the north east corner
of the room. Someone shrieked. The Judgement had arrived.
Not by voice, not by dove’s coo, but on paper!
The lobby was quiet no more! Another shriek. Quick, where
can one get a copy? “Upstairs”, someone shouted.
I started up. Half way, someone thrust the 50 or so page document
into my hands. I was immediately surrounded. I tried to riffle
through the pages to find the cause of the mounting excitement.
There, on page 24, was the news! Item 53: “Members of
the Métis community in and around Sault Ste. Marie
have an Aboriginal right to hunt for food under s.35(1)”,
and then item 54: “The appeal is dismissed with costs
to the respondents....” With costs? Great heavens! No
wonder the lobby was churning. Then came the media; when a
guy with a camera asked me what I thought, the only response
I could produce was: “Fantastic!”
Amidst the tears, the hugs and the shouts of jubilation, I
was able to find Steve, Jean and Tony happily explaining some
of the ramifications of this joyous judgement, not only for
the Métis of Ontario but for the 300,000, or more,
Métis across Canada, to an eager and non-confrontational
press.
The day was not over. It was only ten in the morning. It was
literally and figuratively the beginning of a NEW day. Following
the hubbub in the lobby of the Supreme Court, a formal press
conference was conducted in the Centre Block on Parliament
Hill. At noon we gathered in an Ottawa hotel to witness some
of the media reaction across Canada. How often has a Métis
news item been the lead story on CBC TV news?
Then, in the evening, in the same hotel, the fiddles came
out and the jigging started. The party was on! |
