Monday, 16 January 2017

The Powley and Daniels Decision

This is a page from Indigenous and Northern Affairs, Canada. The article is on the law put into place, or re-affirmed on April 14th 2016. The ruling of the Métis peoples aboriginal rights towards hunting; originally recognized under section 35 in the Constitution Act of 1982. This decision was comprised for the Métis of Sault Ste. Marie Ontario. There are specific previsions in place to be recognized as Métis, they are specified by the given site as; "
  1. identify as a Métis person;
  2. be a member of a present-day Métis community; and,
  3. have ties to a historic Métis community.
Further to the third criterion, to be considered a ‘historic rights bearing community' it must be proven that a mixed-ancestry group of Indian-European or Inuit-European people:
  1. formed a 'distinctive' collective social identity;
  2. lived together in the same geographic area; and,
  3. shared a common way of life"
Also added to emphasis these provisions "In Powley, the Supreme Court of Canada stated the term Métis in s. 35 does not encompass all individuals with mixed Indian and European heritage. Rather it refers to a 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 forbearers. The Métis communities claiming Aboriginal rights must have emerged in an area prior to the Crown effecting control over a non-colonized region."

My thoughts on this, the amount of specification has me at a mild turmoil. It is fantastic to hear of recognition of rights, however, making these ridiculously precise precautions towards affirming ones identity seems a bit unnecessary. I understand the concept of it being abused and misused but it can be difficult to date back enough and have this astounding pure heritage, as if the law was put into place too be difficult to achieve, so usage is limited. I understand the necessary need for provisions however I question how these were decided on and concluded as the final "sale".

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