News and Reflections: Ruling: British Columbia (Child, Family and Community Service) v. W. and H. 2022 BCPC 216 -- October 21, 2022

Excerpt: British Columbia (Child, Family and Community Service) v. W. and H. 2022 BCPC 216

Link to: https://www.provincialcourt.bc.ca/judgments.php?link=https://www.canlii.org/en/bc/bcpc/doc/2022/2022bcpc216/2022bcpc216.html

Commentary

"This is a very important ruling that recognizes the existence of Eastern Métis culture, and the right of other Métis (non-MNC) to defend and pass on that culture, and crucially: outside of the Powley framework that governs community-type rights that must be localized, but a framework which does not apply to other Eastern Métis cultural rights that must be protected from discrimination and inequity.

"This is a major victory for all Métis in Eastern Canada and the government must now roll up its sleeves and ensure that parity is secured for Métis in the East.

"For the lateral violence demonstrated in this decision that threatens even Métis children in the East, the Canadian government is partly responsible; it is well aware of the smear campaigns in the media and universities, and has done nothing to protect the Métis of the East, for instance by providing the equivalencies that the Métis of Red River yet enjoy under the MMF banner.

"This ruling also demonstrates the serious damage and harm that is being done to Eastern Métis more generally, damage that can be attributed to the dissemination of denialist academic works that openly negate the cultural reality of the Eastern Métis.

"These are in fact full blown attacks on an Aboriginal minority (and therefore a recognizable ethnic group) now recognized by the courts (in addition to the Daniels decision) that operate under the guise of academia, and in this sense, overstep the bounds of academic freedom by engaging in public calls to denigrate the Eastern Métis. Perhaps a class action suit by the Eastern Métis should be considered against those responsible for this damage.

"Now that Canadian justice recognizes the right of the Eastern Métis to identify and defend their culture outside of the Powley interpretive framework that is limited to some, but not all, Aboriginal rights, it is time to demand apologies and reparations from some institutions and the media, which, under the guise of public policy issues, have been openly conducting smear campaigns against a segment of the Aboriginal population that the Commission of Inquiry on Aboriginal Peoples already in 1996 referred to as vulnerable minorities: the Eastern Métis."

-- Sebastien Malette, B.A., M.A., Ph.D. Associate Professor, Carlton University

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"There are several good things in here. The upshot; this case is about a child born to parents in BC; the mother is Native and the father belongs to the Eastern Woodlands Metis in NS. The child has to go into the care of BC child and family services, and this case deals with whether or not the child is entitled to special services specifically because of their Acadian Metis ancestry.

"This judge recognizes the child's self-identification and ancestral connections (things we've been arguing for, ourselves), and, importantly, she also does away with the need for Powley conditions in attributing cultural rights for a child going into care (which is a big step forward for us).

"You'll notice in the court case that "the Band" (that is, the mother's First Nations community) argues that there have never been Metis in the Maritimes, but the judge just ignores this argument and focuses on the child's actual background and the father's cultural practices.

-- Jo-Anne Muise Lawless, Contract Instructor, Ph.D. Candidate, Department of Law and Legal Studies, Carleton University