The landmark ruling by the Supreme Court of Canada on Sept. 19 marked the beginning of the end of a long journey for Canada’s Métis people and the beginning of a new era in history.
That was the message heard by a group of 50 local Métis at an information seminar held at La Place Rendez-Vous last night. And it was well received.
“This is a new dawn, a new era for us,” said Métis Nation of Ontario (MNO) president Tony Belcourt. “We have been vindicated.”
The case—Regina vs Powley—began in 1993 when Steve and Rod Powley of Sault Ste. Marie were charged by the Ministry of Natural Resources with killing a moose without a provincial licence and wound up before the nation’s highest court nearly 10 years later. The Powleys maintained they had an inherent right to harvest based on ancestral and historical grounds, and last month the Supreme Court, in a unanimous 9-0 ruling, agreed.
The outcome, said Belcourt, was not merely because the Métis had a strong case in law, but because they had already established a credible, legitimate reputation as responsible users of natural resources.
“We started the MNO in 1993 and built a tremendous resource of knowledge,” Belcourt recalled. “We created a harvesting policy in 1995 that is reasonable and responsible.”
But it also required playing hard ball when the situation warranted it.
“The kinds of things we’ve been doing over the last 10 years—bucking the system—is because of our determination,” he added. “I hope now we will be able to turn the corner.”
Belcourt pointed out the MNO had some valuable allies—from what some would consider unexpected quarters. The Ontario Federation of Anglers and Hunters has come around to respecting Métis rights and supports the decision.
He is also optimistic that with a new provincial government in place and a new federal one on the horizon, other outstanding issues will also be resolved.
“I met with OFAH last week and they know there is legitimacy with the MNO,” he remarked. “Now I feel very positive our new governments (in Ottawa and Queen’s Park) will listen. We now have the legal leverage to get to the table.”
MNO chair Gary Lipinski of Fort Frances was equally enthusiastic.
“Sept. 19 will go down as one of the most significant dates in Métis history,” Lipinski predicted. “This goes beyond hunting and fishing.”
But Lipinski reminded the audience that there was an inherent obligation on the Métis not to exploit the ruling for selfish reasons. The court said the Métis had the inherent right to harvest for personal sustenance and traditional purposes—not for profit. He warned them the MNO would not support those who abused those privileges.
“With rights, come responsibilities,” he stressed. “If you’re caught cheating, you’re on your own.”
Jean Teillet of the law firm Pape and Salter was the one who stickhandled the case through the courts and ultimately to final judgment. She too was present at the meeting and explained the finer points of the ruling, which she said, went far beyond the single case being argued.
“The most significant aspect is it recognizes you as a distinct people, so don’t let anybody tell it only applies to Steve and Roddy (Powler),” said Teillet.
Teillet went on to say the ruling applies to all forms of harvesting – hunting, fishing, and plant material—but there are limits to the territory in which individuals can exercise those privileges. For instance, people from Alberta cannot automatically exercise Métis rights in Fort Frances.
“You have to be ancestrally connected to that historic community by birth or by adoption,” she explained, which meant in the case of Fort Frances, you had to be able to prove your ancestors were here prior to 1873. In other parts of the country, other standards would apply.
Furthermore, people would have to prove an ongoing connection with the area. All that would be determined by the local MNO representatives, who ultimately issue the harvest cards.
“We’re asking you to be reasonable,” said Teillet.
Fort Frances Times
Local News from Across the Rainy River District
