R. v. Laurin, Lemieux & Lemieux
Backgrounder

On September 19th 2003, the Supreme Court of Canada handed down its decision in R. v. Powley in which it confirmed that Métis exist as a rights-bearing aboriginal people in Canada. The decision was particularly important to the Métis Nation of Ontario (MNO) because it had supported and funded the case all throughout its journey through the courts. It was a journey that took 10 years.

Following the Powley decision the MNO entered into negotiations with Ontario Ministry of Natural Resources (MNR) towards a harvesting agreement. On July 7th 2004 the Minister of Natural Resources, Minister Ramsay and MNO President Tony Belcourt entered into an Interim Harvesting Agreement which states:

July 7th 2004 Agreement

1. MNO and MNR agree that MNO will issue a maximum of 1250 Harvester’s Cards for this year. The number of 1250 is for this year only. A mutually agreeable process for a change in this number will be developed subject to research and evaluation of the Harvesters Card system.
2. The MNR will apply the Interim Enforcement Policy (IEP) to those valid Harvesters Card holders who are harvesting for food, within their traditional territories and pursuant to the safety and conservation values set out in the IEP in a manner which is identical with its application to First Nations.
3. This Interim Agreement will be for two years with the intention that it will be extended by mutual consent until a final agreement is in place.
4. Both sides agree that an independent evaluation of the MNO Harvesters Card system will be performed based on mutually agreeable terms of reference.

The Interim Enforcement Policy states that,

1. An aboriginal person who identifies himself or herself as such, harvesting or transporting wildlife or fish as food for personal consumption and for social and ceremonial purposes, shall not be subject to enforcement procedures …

Following July 7th 2004 the Crown withdrew existing charges. At the same time it began to insist that the agreement was not “legally enforceable”. Eventually the Crown stated that it would not implement the agreement south and east of Sudbury and new charges were laid. It must be noted that within the Interim Agreement there is no reference anywhere to geographical limits apart from the harvesting being restricted to traditional territories. As of June 2007, twenty-five MNO members are facing charges.

The MNO decided in October of 2005 to join three cases together and bring a motion to stay proceedings. The motion stated that MNR had breached the July 7th Agreement by laying charges against the defendants. The three defendants were: Marc Laurin, Shawn Lemieux and Roger Lemieux. The Motion was filed in November of 2005. It was heard in 2006 on March 22, 23, June 16, October 13, November 2, 27, and in 2007 on February 16th.

CONTACT:
Avery Hargreaves, Communications Assistant
Cell#: 613-294-1148
Work: 613-798-1488 Ext. 108

Katelin Peltier
MNO Acting Manager of Communications
Cell #: 613-859-1730