R. v. Powley was the first time the Métis people and their rights were considered by the Supreme Court of Canada. In this landmark decision, the Supreme Court recognized the existence of Métis rights protected under Section 35 of the Constitution. Powley affirmed that the Métis are a distinct Indigenous people with existing constitutionally protected rights, including the right to hunt.
The Powley decision laid the groundwork for subsequent Métis rights cases across the Métis Homeland. Powley has been critical to affirming and protecting Métis rights on the Prairies, where it has been successfully relied upon to ensure Métis harvesters can exercise their right to hunt and feed their communities.
In R. v. Goodon (2009), for example, the Manitoba Court of Appeal applied the Powley test to recognize and affirm the hunting rights of a Métis Manitoban and the regional Métis community identified in southwestern Manitoba to which he belonged.
Using the Powley test, Goodon confirmed that Métis in southwestern Manitoba had the right to hunt based on their historical presence and unique cultural practices in the region. However, like with Powley, the court recognized the site-specific nature of Métis rights and rejected the argument that the Métis hunting rights established in southwestern Manitoba extend to the entire area involved in the historic fur trade.
Similarly, in R. v. Laviolette (2005), the same legal team that represented the Métis National Council at the Supreme Court in support of the Powleys and Sault Ste. Marie Métis Community—including co-counsel Clement Chartier—successfully utilized Powley to defend the Métis right to fish for food in northern Saskatchewan.
Two years later, R. v. Belhumeur (2007) also utilized Powley to defend a Métis hunter in Saskatchewan who was charged with hunting without a license. The Saskatchewan court applied Powley to recognize Métis rights in the Qu’Appelle Valley where Métis had established communities and practices pre-dating Canada’s effective control.
In building a firm legal foundation for these important Métis rights decisions on the Prairies, among others, which have led to more comprehensive provincial Métis rights recognition and harvesting agreements, Powley’s legacy has continued to endure and grow for over two
decades.
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