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Denied Metis Rights: A Commentary by the AAMS -- October, 2009

11/20/2017

 
THE DENIED COMMUNITY RIGHTS OF THE ACADIAN METIS
A commentary by l'Association des Acadiens-Métis Souriquois (AAMS) October 2009
​In the context of the Canadian Constitution Act (1982), and in the context of the “Powley Criteria” as
established by the Supreme Court of Canada in 2003, the constitutional rights claimed by the Métis in
Eastern Canada are being denied by the testimonies of certain historians in the courts. Sections 35 (1)
and (2) of the Canadian Constitution Act indicate that the existing aboriginal and treaty rights of the
aboriginal peoples of Canada are hereby recognized and affirmed; and in this Act, the “aboriginal
peoples of Canada” include the Indian, Inuit and Métis peoples of Canada. However, in 2003, the
Supreme Court of Canada established the Powley Criteria that describe the qualifications required in
order for a Métis community to be recognized as a “rights-holder” in the context of the Canadian
Constitution. The most significant criteria indicate that a contemporary community, that is seeking
recognition as a Métis rights-holder, must self-identify as a Métis community and show that it is the
continuation of a historical Métis community that existed in a particular area, as an identifiable Métis
community, with a unique and distinct culture, prior to the time of effective political and legal control
by Europeans. Therefore, the following discussion will focus on the controversy associated with
ascertaining the presence or absence of qualifying “Métis Communities” in Acadia.
metis_rights_denied.pdf
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