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.
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