Minister reacts to Supreme Court decision in Powley Case

Wally Andersen, Minister of Labrador and Aboriginal Affairs, today responded to the Supreme Court of Canada's decision in the case of Her Majesty the Queen v. Steve Powley and Roddy Charles Powley. The Powleys are M�tis people in Sault Ste-Marie, Ontario, who asserted that they have a M�tis right to hunt for food in that area. The Court upheld their acquittals from charges under Ontario hunting legislation. The Attorney General of Newfoundland and Labrador was one of several parties that intervened in the case.

"Government is pleased that the Supreme Court has brought clarity to some of the questions surrounding M�tis in Canada," Minister Andersen said. "Government is reviewing the decision carefully."

The Powley case represents the first time the Supreme Court of Canada has clarified what is meant by M�tis in section 35 of the Constitution Act, 1982. According to the Supreme Court, to be M�tis for constitutional purposes one must self identify as M�tis, be accepted as a member of a modern M�tis community, and have some ancestral connection to the founding historic M�tis community. The modern M�tis community must also exist in continuity with the original historic M�tis community.

"This decision should remove another barrier to the federal government making a decision on the Labrador M�tis Nation�s (LMN) land claim application. The province has for some time been urging the Government of Canada to make a final decision on the validity of the LMN claim," Minister Andersen said. "The federal government should have all of the necessary information to make a definitive and final statement on the validity of the LMN claim. It would be in everyone�s best interest to have this matter dealt with once and for all, and as soon as possible."

The LMN submitted its first claim to the federal government in 1992. It was resubmitted in 1996 and research has continued since that time.

"We have always said that if the LMN claim documentation satisfies established criteria to assess the validity of comprehensive land claims, then we would be prepared to join with the federal government in working to settle that claim," Minister Andersen said.

"This government has enjoyed a very productive relationship with the LMN in recent years, and we intend to continue to build upon these solid foundations. The province recognizes that the LMN represents a very important stakeholder interest in Labrador, and the province will continue to address the concerns of that constituency as represented by the LMN."

Media contact: Bert Pomeroy, (709) 896-8668

2003 09 22                                                    5:30 p.m.