Metis

Canadian Federal Court of Appeal affirms that 400,000 Métis have Indian status

Singel1 Comment

In a historic decision, Canada’s Federal Court of Appeal today affirmed a 2013 Federal Court ruling that Métis are “Indians” under section 91(24) of the Constitution Act, 1867.  The decision impacts approximately 350,00 – 400,000 Métis in Canada.  The court did not include non-status Indians in the decision, opting instead to decide Indian status for these groups on a case-by-case basis.

From CBC News:  “[The Daniels decision] could be one of the most significant cases dealing with aboriginal peoples in Canadian history,” said University of Ottawa law professor Larry Chartrand in an interview with CBC News. “It has the potential of completely changing the landscape of aboriginal-Canadian relations.”

News reports are here and here.

A copy of the Daniels decision is here.

In a statement posted here, President Clément Chartier of the Métis National Council stated that “I applaud today’s decision of the Federal Court of Appeal in the Daniels case. It reinforces our longstanding position that the federal government has constitutional responsibility to deal with the Métis.”

 

LA Kings Win Stanley Cup with the Help of Two Native Players

Kate Fort

Coverage here and here and here.

Globe and Mail: All But 2 Recently Appointed Canadian Federal Judges Are White

Matthew L.M. Fletcher

Here.

Thanks to N.X.

Alberta Court of Appeal Grants Leave To Appeal to Paddle Prairie Métis Settlement

Peter Scott Vicaire

The “Settlement”  sought leave to appeal from a June 22, 2010 decision of the respondent, the Métis Settlements Appeal Tribunal, concerning a land dispute.  Here’s the decision. 

The land dispute involves questions relating to a number of instruments, including the Metis Settlements Act, R.S.A. 2000, c. M-14 (“MSA”), the Metis Settlements Land Registry Regulation, Alta. Reg. 361/1991 (“Regulation”), the Metis Settlements General Council Land Policy (“Land Policy”), and the Settlement Housing Program (“Housing Program”).

2 Métis hunters failed to prove “existing” aboriginal right – convicted by the Alberta Provincial Court

Peter Scott Vicaire

With R. v. Hirsekorn, the  Métis Nation of Alberta put into a motion a test case to force the province into negotiating a new Métis harvesting agreement.  Two men, Jones and Hirsekorn, invited enforcement officers to their kill sites (a deer and an antelope) and the defendants were charged accordingly.  One of the defendants (Jones ) died after the trial but before this judgment was released.

Hirsekorn was convicted of shooting wildlife outside of regular season and possession of wildlife without a permit.

Continue reading →

Metis Hunting Rights in Sault Ste. Marie, Canada

Matthew L.M. Fletcher

Interesting treaty rights case based on a decision out of the Canadian Supreme Court involving the taking of a moose near Sault Ste. Marie, ONT by a non-status Metis hunter. Here’s the decision in R. v. Powley, the Sault Ste. Marie case.

http://www.cbc.ca/canada/manitoba/story/2007/11/15/metis-hunting.html

Closing arguments heard in Métis hunting case

Last Updated: Thursday, November 15, 2007 | 3:52 PM CT

CBC News

A court in Brandon, Man., heard closing arguments Thursday in a precedent-setting trial over Métis hunting rights.

Will Goodon was charged in 2004 after he shot a duck without a provincial hunting licence. He did possess a Métis “harvester” card, issued by the Manitoba Métis Federation, but the province has refused to recognize those cards.

Goodon pleaded not guilty to the charge, arguing hunting is his birthright.

Goodon’s defence argued Wednesday that the government has washed its hands of establishing aboriginal rights, and so it is up to the courts to interpret the rights of Métis people.

The defence said Métis hunting rights have already been established by a 2003 Supreme Court ruling known as the Powley decision, which granted full-status-Indian hunting rights — the right to hunt and fish for food out of season and without a provincial licence — to Métis who can prove a connection to a stable, continuous community.