Did the Supreme Court define who the Metis people are?
No, in fact the Court states that it is only speaking of the Metis in s. 35 in general terms. The Court only set out three broad factors (self-identification, ancestral connection and community acceptance) to be used in identifying who can exercise a Metis community’s s. 35 right to hunt. It remains the position of the Metis Nation that the right to determine who are members of the Metis Nation can only be exercised by the people themselves; however, in order to exercise a Metis community’s s. 35 right to hunt, the Metis identification elements of the current legal test set out by the Supreme Court inPowley, must be met.
