Court finds aboriginal hunter not guilty
New Brunswick's justice department is reviewing a provincial court ruling which appears to support native hunting rights for non-status aboriginals.

Metis case goes to court
Babin feels he has the right to fish without a license for his personal use.

September 19, 2003
Metis hail 'major' win as Supreme Court affirms hunting rights

February 5, 2004
Premier stands by commitment that Powley decision applies to Section 35 Métis in the province

PUBLIC NOTICE
On Friday, September 19, 2003, the Supreme Court of Canada decided a landmark case.....

What are They Saying About the Case?
In 1850, 2 significant treaties were signed that covered the areas that Metis traditionally used.
THE POWLEY STORY
On October 22, 1993, father and son, Steve and Roddy Powley killed a bull moose just outside Sault Ste Marie, Ontario. They tagged their catch with a Métis card and a note that read “harvesting my meat for winter”. One week later, the Powley's were charged by Conservation Officers for hunting moose without a license and unlawful possession of moose contrary to Ontario’s Game and Fish Act.

The Métis Nation of Ontario decided to take the charges against the Powley's as a test case and provided full political and financial support throughout its duration. At the Ontario Court of Appeal and the Supreme Court of Canada, the Métis National Council, on behalf of the entire Métis Nation, intervened in support of the case and provided financial support.

In 1998, the trial judge ruled that the Powley's have a Métis right to hunt that is protected by s. 35 of the Constitution Act, 1982. The charges were dismissed, but the Crown appealed the decision. In January 2000, the Ontario Superior Court of Justice confirmed the trial decision and dismissed the Crown’s appeal. The Crown appealed the decision to the Ontario Court of Appeal. On February 23, 2001 the Court of Appeal unanimously upheld the earlier decisions and confirmed that the Powley's have an Aboriginal right to hunt as Métis. The Crown then appealed to the Supreme Court of Canada.


On September 19, 2003, the Supreme Court of Canada, in a unanimous judgment, said that the Powley's, as members of the Sault Ste Marie Métis community, can exercise a Métis right to hunt that is protected by s. 35.