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Friday, Sep 19, 2003
Top court rules Métis can claim hunting rights
CTV.ca News Staff
It's being called one of the most important days ever for Canada's Métis people. The Supreme Court of Canada has upheld Métis claims to be included in aboriginal hunting and fishing rights.
The high court ruled Métis people can claim aboriginal rights to hunt for food as long as they can show a direct link to a historic Métis community.
Status Indians have been allowed to hunt for food without provincial licenses and out of season. The Métis people, who have mixed aboriginal and European heritage, argued they should have the same right.
The Supreme Court ruled 9-0 that Métis people can claim aboriginal hunting rights for food. Although the ruling is specific to Sault Ste. Marie, it opens the doors to future challenges, ranging from land to hunting and fishing and other resources.
The case began when a Métis hunter from Sault Ste. Marie, Ont. was charged with killing a moose without a provincial license. Steve Powley argued he has the same right as a full status Indian to hunt for food.
Ontario government lawyers, backed by attorneys general for Canada, Manitoba, Alberta, British Columbia, New Brunswick, Quebec, Saskatchewan, Newfoundland and Labrador, argued against allowing Métis hunting rights.
They told the Supreme Court that the Métis people, who now make up about a quarter of the country's native people, did not exist before European contact and therefore should not be granted aboriginal privileges.
But the high court modified the pre-contact test to reflect the distinct history of Métis settlements.
"The purpose and the promise of (Section 35 of the Constitution) is to protect practices that were historically important features of these distinctive communities and that persist in the present day as integral elements of their Métis culture,'' the court said.
Clem Chartier of the Saskatchewan Métis Nation was elated with the decision.
"We have been vindicated, we have spoken out loudly and clearly for generations, for centuries that we are a people and a people with rights. Today, the Supreme Court of Canada has come down on the side of the Métis -- we are very, very pleased that this has happened," he said.
"We now hope, with the Supreme Court's ruling, both the federal and provincial governments from Ontario westward will finally do their job and negotiate with us," added Audrey Poitras of the Métis National Council.
Métis hunters argued that they are a small and responsible part of the big-game harvest and dismissed claims that giving them hunting rights would spell disaster for deer and moose stocks.
Ralph Goodale, the federal minister for Métis issues, urged calm as hunting season starts.
"It's obviously a situation where people may respond cautiously (or) they may respond with a great deal of enthusiasm,'' Goodale. "It would be very important for everyone to behave here appropriately, calmly and maintaining proper order and responsibility.''
With a report from The Canadian Press
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