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Post-Powley Program
On September 19th, 2003 The Supreme Court of Canada handed down a decision on the Powley case and established a test criteria for proving Métis rights in Canada to hunt, fish and gather.
After the Powley decision was handed down, the NBAPC received many phone calls and fielded numerous questions with regards to New Brunswick and Métis rights. The New Brunswick Aboriginal Peoples Council decided that there was a need to educate by obtaining information on Métis in New Brunswick. The NBAPC would like to ensure that all people are accessing proper and factual information on Métis issues in New Brunswick.
According to the research being carried out by the Department of Justice, it is not believed that there was a Métis Community ever established in New Brunswick.
The most current way to identify a Métis connection is the Powley Test.
The Powley Test
- By New Brunswick Aboriginal People's Council
- Published January 13th, 2009
- Post-Powley Program
Background on Steve Powley
- By New Brunswick Aboriginal People's Council
- Published January 13th, 2009
- Post-Powley Program
Supreme Court of Canada Decision
- By New Brunswick Aboriginal People's Council
- Published January 13th, 2009
- Post-Powley Program
The respondents, who are members of a Métis community near Sault Ste. Marie, were acquitted of unlawfully hunting a moose without a hunting license and with knowingly possessing game hunted in contravention of ss. 46 and 47(1) of Ontario's Game and Fish Act. The trial judge found that the members of the Métis community in and around Sault Ste. Marie have, under s. 35(1) of the Constitution Act, 1982, an Aboriginal right to hunt for food that was infringed without justification by the Ontario hunting legislation. The Superior Court of Justice and the Court of Appeal upheld the acquittals.
The Supreme Court of Canada Decision. Federal Interlocutor for Métis and Non-status Indians.
NBAPC's Involvement
- By New Brunswick Aboriginal People's Council
- Published January 13th, 2009
- Post-Powley Program
The NBAPC set out with a few clear mandates in mind with regards to this decision:
First, the NBAPC wanted to research and clearly identify any Métis settlement that may or may have existed in New Brunswick. The NBAPC is doing this through extensive historical, geographical and genealogical research and through ethnographical studies available to them. As well, demographic and statistical data will also be analyzed.
Second, the NBAPC wanted to inform the members of the NBAPC, as well as, the general public on this decision. (A way of doing this dissemination of information was by this website)
Third, the NBAPC wants to ensure service and programs to the non-territorial Métis that reside in New Brunswick.
