This September 19 marks the 22nd anniversary of the Supreme Court of Canada handing down it’s unanimous decision in R v. Powley, affirming that the Métis are a “distinctive rights-bearing peoples whose own integral practices are entitled to constitutional protection” under section 35 of the Constitution Act, 1982. This decision was a watershed moment in Canadian legal history and a significant victory in the Métis Nation’s decade-long hunt for justice.
The case began in 1993 when Métis father and son, Steve and Roddy Powley, were charged for harvesting a moose without a license. Their refusal to plead guilty on the grounds that they held a Métis right to harvester as members of the Sault Ste. Marie Métis Community sparked a ten-year legal battle and one that would eventually end at the country’s highest court, changing the legal landscape for Métis communities across Canada.
The court’s ruling formally recognized that Métis people are a distinct Indigenous people with their own distinct customs, way of life, and identity which existed before Canada became a country and Ontario became a province.
The case was led by the Métis Nation of Ontario in partnership with the Powley family and the Sault Ste. Marie Métis Community. While other Métis rights cases have been heard in Canadian courts, R v. Powley was the first—and to date only—to reach the Supreme Court of Canada.Powley’s impact has been felt far beyond Ontario, and served as the precedent on which other Métis communities in Manitoba, Saskatchewan, and Alberta have successfully relied on to affirm their own rights in the courts and through negotiated Métis harvesting agreements. For this reason, each year on September 19th the Métis people reflect on the legacy of this decision, as well as the Powley family’s profound courage and the sacrifices they made on behalf of the entire Métis Nation.
“On this day, we remember the struggle, celebrate the progress, and renew the commitment to justice and recognition for the Métis people within Canada,” said MNO President Margaret Froh. “As we continue to open the path forward toward realizing modern-day Métis self-government, we must never forget the legacy of Powley and remember Métis rights in this country, particularly in Ontario, exist.”
To learn more about Powley Day, the Powley decision, and the Powley family, we encourage you to watch The Hunt for Justice: The Powley Story—a documentary recounting the profound struggle of Ontario Métis against marginalization and the denial of their very existence, as well as the immense impact of the Powley case. Hunt for Justice: The Powley Story