R. v. Powley: A Strategic Métis Nation Decision
- Ontario Métis Facts
- Sep 22
- 2 min read
Understanding its potential historical significance and broader implications, the entire Métis Nation made the strategic decision to rally together in unanimous support of R. v. Powley, the Powley family and the Sault Ste. Marie Métis Community during their ten-year legal ordeal.
As explained by Manitoba Métis Federation President David Chartrand in a September 24, 2003 written address to MMF citizens:
“As I suggested earlier, the past week was closed by two historic decisions by the Supreme Court of Canada. Mr. Steve Powley and his son Roddy, two Metis in Sault Ste. Marie, won their hunting rights case arguing that the Metis have the existing Aboriginal Right to hunt for food under Section 35 of the Constitution. The MMF as a Governing Member of the Metis National Council supported the Powley case as we felt it would move our rights agenda forward.”
The carefully considered strategic decision to support R. v. Powley came in direct contrast to the Métis Nation’s position on other ongoing litigation which, for various reasons, they chose not to endorse. In reference to the R. v. Blais decision, for example, which the Supreme Court of Canada released its decision on the same day as R. v. Powley, President Chartrand explained in the same note to MMF citizens that:
“The MMF did not support Mr. Blais’ argument. Our decision not to support the position he was taking was based upon expert legal advice obtained by the MMF. The legal advice that we obtained was to determine what the possible rulings of the Supreme Court could be and whether these could have possible negative outcomes for the Metis Nation. It was decided that the case might not be in the best interests of the Metis Nation. It also did not fit as part of our overall legal strategy for promoting Metis rights.”
The strategic decision of the Metis Nation, and the Métis governments that represent its component parts, to stand behind R. v. Powley contributed to the Supreme Court of Canada’s unanimous ruling in their favour on September 19, 2003, which became a turning point in Métis rights recognition that opened the door to numerous subsequent advancements that have benefitted Métis families, communities, and governments throughout the Métis Nation to this day.
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