February 09, 2005

Conservation Minister Stan Struthers announced today the creation of the Powley Implementation Committee. The committee’s mandate is to assist the government in its endeavour to create and develop a Métis harvesting policy and strive to ensure the spirit of the Powley decision on Métis hunting rights is implemented.

"Our government is committed to upholding and implementing the Supreme Court ruling on Powley. This newly created implementation committee will assist our government in that responsibility," said Struthers.

The role of the committee is to provide recommendations that will enable government to implement principles recognized in the Powley decision. The committee will review preliminary research on the Powley decision and recommend to the government which Manitoba communities meet the criteria as set out in the Supreme Court decision.

Struthers said the committee consists of three eminent people appointed by the province. Members were chosen based on their contributions to and knowledge of Aboriginal Peoples and their livelihood including historical and cultural perspectives, traditional and contemporary living-off-the-land experiences and the role that research plays in legal jurisprudence.

Representation comprises chair Dr. Wanda Wuttunee, an associate professor in the Native Studies department at the University of Manitoba; Dr. Raoul McKay, a Métis historian and researcher of Canadian and Aboriginal history; and Reg Meade, a Northern hunter and trapper, mayor of Wabowden and president of the Northern Affairs Community Council.

"The committee’s work to identify communities which will fit the criteria as outlined in the Supreme Court decision will be determined by a number of guiding principles including the cultural or traditional aspects of a community (shared customs and traditions) and the determination of whether a community existed prior to the date upon which ‘Europeans effectively established political and legal control,’ " said Wuttunee.

The committee will meet on an as needed basis and update the minister regularly. The committee is expected to provide their advice and recommendations to the government by July 31.

"I am very confident that this committee will provide valuable advice and guidance.
I look forward to their recommendations," said Struthers.

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BACKGROUND INFORMATION

FACT SHEET

The Powley ruling issued by the Supreme Court indicates that certain Métis communities in Canada have an "Aboriginal right" to hunt and fish locally, for their own needs.

The Powley ruling adds the further requirement that harvesting is for subsistence (food requirements) and fits with a traditional lifestyle.

The Powley ruling indicated that in order for a Métis claimant to establish that he or she has an Aboriginal right to engage in a particular practice, he or she must establish that:

(a) he or she is a member of a contemporary Métis community that

(b) has continuity with a historic Métis community that

(c) existed prior to the date upon which "Europeans effectively established political and legal control" in the area

(d) who was engaged in a practice that is integral to the claimant's distinctive culture

(e) in the traditional territory of the claimant’s community.

The Manitoba government is committed to uphold and implement the Aboriginal right recognized in the Powley decision. The recommendations provided to government by the Powley Implementation Committee will provide a framework for a Métis harvesting policy.

Other jurisdictions have taken different approaches to the Powley decision, although other provinces have a similar interpretation of Powley. Ontario has introduced a harvesting policy that is applicable only to the northern part of that province. Saskatchewan is not currently discussing issue with Métis organizations, although they have recognized Métis hunting rights in the northern part of their province for quite some time. Alberta has introduced a system that replicates the Natural Resources Transfer Agreement (NRTA), however, Manitoba may be limited in following that approach due to the Manitoba Blais decision. The Supreme Court ruled that Métis people in Manitoba are not First Nations people under the NRTA Act.

The creation of the Powley Implementation Committee is Manitoba’s response to the Powley decision, based on acknowledgement and respect for Aboriginal and treaty rights

In order to enable the Powley Implementation Committee to do its work, individuals engaged in hunting activities are asked to abide by current Wildlife Act regulations and provisions.

February 9, 2005