Metis recognition.

• Author: Mitchell, Teresa
• Position: Bench press - R. v. Powley 2003 SCC 43 - Brief Article

The Supreme Court of Canada recently examined the status of the Metis people in Canada. It first defined the term itself. "The term 'Metis' in s. 35 of 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. A Metis community is a group of Metis with a distinctive collective identity, living together in the same geographical area and sharing a common way of life." The Court noted that the usual test for determining aboriginal rights by looking at the culture and customs of the people prior to contact with Europeans is clearly inappropriate in this case, since the Metis people are a result of contact with Europeans. Instead, the Court determined "To support a site-specific aboriginal rights claim, an identifiable Metis community with some degree of continuity and stability...