Q: How does the Powley decision affect NB?

Currently research has been undertaken by the Federal Department of Justice to determine whether or not an historical Métis Community had existed here in NB. However with regards to Treaty Rights; During the Treaty making period, no Treaties were signed between the British and any historical Métis community or settlement in New Brunswick.

Q: On a National level how is Canada dealing with the Powley Decision?

Federal Interlocutor (middle man): The Honourable Andy Scott for Métis and Non-Status Indians.

"One year ago, the Supreme Court of Canada ruled that the Métis community in and around Sault Ste. Marie, Ontario, have an Aboriginal right to harvest for food and allowed for the possibility that such rights might exist elsewhere in Canada. The decision in R. v. Powley was the first to recognize that Métis hold Aboriginal rights protected and affirmed under section 35(1) of the Constitution Act, 1982.”

Q: What is the Government of New Brunswick saying about Métis:

Aboriginal Minister, The Honourable Brad Green issued a statement in which he said:

"The Supreme Court of Canada in Powley made it very clear that simply having a mixture of aboriginal and European blood, did not in and of itself establish a Métis people nor did it establish rights."

Q: What do Métis Rights extend to? Is it limited to hunting rights?

It is important to realize that many characteristics make up Métis heritage. Present day Métis organizations are working hard to re-establish Self-determination and Self Government. Many of these organizations have developed training centers and have become busy teaching their youth. Through education western Métis populations are asserting their right to learn about their own history, language, and culture.

More Métis Related Information

Adoption of the Métis Flag- 1815

The adoption of the Métis flag took place after the battle of Seven Oaks. This battle is significant to Métis people for this fight was the birth of Métis Nationalism. Here Métis People fought against the attempts to stop corporate and colonial expansion. The flag can be easily identified as an infinity symbol. This infinity symbol represents the combining of two distinct cultures.

Louis Riel 1844-1885

Of course no one can develop a web page on Métis related issues without talking about Louis Riel. Louis Riel was born on October 22, 1844 in St. Boniface, Manitoba. He was the first child of Louis Riel and Julie Lagimodière. Julie Lagimodière was the sixth child of Jean Baptiste Lagimodière, a French Canadian coureur de bois. Louis grew up among the Métis and was always extremely conscious of his identity. Louis was considered to be of Franco-Chipewyan descent, or Métis.

Louis Riel would become known as become the defender of Métis rights and the future father of Manitoba.

First Inclusion of Métis Rights From The Canadian Government. –1870

The Parliament of Canada enacted the Manitoba Act in 1870. This Act was later given constitutional status by the British Parliament in the Constitution Act of 1871. This act however only dealt with land issues in the Province of Manitoba.

Continuous Struggle for Métis Rights. –1930

The Grumbo case in southern Saskatchewan is relevant case on Métis Rights. The Federal Government retained ownership and control of all Crown Lands in the Prairie Provinces until the Natural Resources Transfer Agreement of 1930, at which time Crown lands were transferred to the Prairie Provinces. The Natural Resources Transfer Agreement guaranteed Indian harvesting rights. It is the argument of the Métis that the term "Indian" included the Métis as well as First Nations,

Canadian Constitution - 1982

Within the Canadian Charter, Section 35 clearly states that this constitution recognizes the rights of Aboriginal peoples of Canada. Those what are included are Indian, Inuit and Métis groups. This protection under the Charter is to insure that culture, customs, traditions and languages of Aboriginal Peoples of Canada not be infringed upon.

Royal Commission on Aboriginal Peoples -1996

Intermarriage between First Nations and Inuit women and European fur traders and fishermen produced children, but the birth of new Aboriginal cultures took longer. At first, the children of mixed unions were brought up in the traditions of their mothers or (less often) their fathers. Gradually, however, distinct Métis cultures emerged, combining European and First Nations or Inuit heritages in unique ways. Economics played a major role in this process. The special qualities and skills of the Métis population made them indispensable members of Aboriginal/non-Aboriginal economic partnerships, and that association contributed to the shaping of their cultures . . .. As interpreters, diplomats, guides, couriers, freighters, traders and suppliers, the early Métis people contributed massively to European penetration of North America.

The French referred to the fur trade Métis as coureurs de bois (forest runners) and bois brulés (burnt-wood people) in recognition of their wilderness occupations and their dark complexions. The Labrador Métis (whose culture had early roots) were originally called "livyers" or "settlers", those who remained in the fishing settlements year-round rather than returning periodically to Europe or Newfoundland. The Cree people expressed the Métis character in the term Otepayemsuak, meaning the "independent ones".

(Report of the Royal Commission on Aboriginal Peoples: Perspectives and Realities, vol. 4, at pp. 199-200 ("RCAP Report"))

Powley Case in Ontairo-2003

The Powley case in Ontario set another precedent. A Métis victory in their high court set a precedent to all lower courts in Ontario. The case was appealed up to the Supreme Court of Canada. Where this court found Métis around Sault Ste. Marie, Ontario.

• Have Aboriginal Right

• It is protected under Section 35 of the Canadian Constitution

Supplementary Information

Métis

The term “Métis” in s. 35 the Constitution Act, 1982 does not encompass all individuals with mixed Indian and European heritage; rather, it refers to distinctive peoples who, in addition to their mixed ancestry, developed their own customs and recognizable group identity separate from their Indian or Inuit and European forebears.

Métis Community

A Métis community is a group of Métis with a distinctive collective identity, living together in the same geographical area and sharing a common way of life. The purpose of s. 35 is to protect those practices that were historically important features of these distinctive communities and that persist in the present day as integral elements of their Métis culture.

Michif Language

The Michif language is widely spoken by Métis peoples. This distinct language is descendant from European fur traders (often French Canadians) and other aboriginal Languages primarily Cree. If you are interested in learning more about this language take a visit to the Métis Culture and Heritage Resource Center at:
http://www.metisresourcecentre.mb.ca/language/index.htm

Métis Music

The Fiddle was an instrument to pass on oral tradition by the Métis peoples. When rhythm mingled with other instruments like spoons or the tapping of shoe the unique style is Turtulage was born. Dancing a jig or a Waltz is widely participated during Métis deliberations. Presently, the Métis people are renewing interest in their celebration of Song. Visit the Métis Radio Station:
http://www.metisradio.fm/

Sash

Métis peoples most recognized article of clothing is their traditional Sash. The Sash original colors were primarily red and white, said to be the representation of two cultures, however it also contained blue, green and yellow. Presently the Métis people are in the steps in adopting new colorations for their Sash.