Our Métis Settlements-now a thriving, culturally-rich land base home to 1/10th of Métis people in Alberta-began to take shape in the late 19th century and continued for more than 100 years because of the brave individuals who came before us.

legal history

The R v. Powley decision in 2003, was the first Supreme Court of Canada judgement to address the question of whether Métis have aboriginal rights under section 35 of the Constitution Act, 1982. The unanimous decision recognized that the Powleys, as Métis, had a constitutionally protected Métis Aboriginal right to hunt for food-This officially declared that Métis are Aboriginal people with their own unique, collective rights.

This decision had specific implications on the Métis way of life, as it outlines legal tests to prove the connection to a historic Métis community and traditional linkages to historic land uses in specific areas–not an easy test to prove as the Métis people were forced to move from place to place throughout history.

The Delgamuukw decision delivered by the Supreme Court in 1997, provided another important decision which helped define the nature of Aboriginal title. Most significantly, this decision set a precedent that oral histories are just as important as written historical record.

Other important legal decisions in recent history have provided the legal recognition of the rights of Métis:

• Blais Decision (2003): Métis must have a substantial connection to a hunting ground
• Laviolette Decisions (2005): Métis, historically, have been a highly-mobile people and therefore Métis
  communities extend beyond areas classified as Métis Settlements

Ultimately, these court decisions have implications far beyond harvesting rights, and is argued to give Métis people the right of consultation for any major land use projects such as pipelines, hydro dams and more.

Further provincial legislation has been enacted throughout the years. You can find links to these below, or you can view the timeline in the next section to learn more.