This case started with charges against two Métis hunters and ended with a groundbreaking Supreme Court ruling that shaped the future of Métis rights in Canada.
Powley is particularly significant because it modified the legal test for determining the existence of a s. 35 Aboriginal right. Instead of having to establish the ‘pre-contact’ origins of a claimed practice, custom or tradition, Métis are held to a ‘pre-control’ standard which reflects the distinctly post-contact ethnogenesis of Métis peoples. Powley paved the way for future decisions, including Manitoba Métis Federation (2013) and Daniels v Canada (2016), which further strengthened Métis constitutional rights and the Crown’s obligations.
Our talented student, Jeremy Coleman, put together an insightful write-up on the case and its impact on future decisions:
Powley Day – A Legal Milestone in Métis Constitutional Rights by Jeremy Coleman
And check out the Métis Nation of Ontario’s website for more information.
We’re thrilled to congratulate Christopher Devlin on being recognized by Best Lawyers® as a top lawyer in Aboriginal Law for the 7th year in a row, reflecting his outstanding contributions and commitment to the field!
We were thrilled to have Jeremy Coleman, a UVIC law student, join us this summer at Sequoia. His time with us was so rewarding that he will be returning in the fall to complete his articles.
Sequoia Legal firm partner Kajia Whelan examines the recent Supreme Court of Canada decision and the implications on the Crown's fiduciary duty regarding annuity payments to the Anishinaabe people under the Robinson-Huron and Robinson-Superior Treaties of 1850.