In Powley, the Supreme Court of Canada held that Métis rights—protected by section 35 of the
Constitution Act, 1982—exist in Ontario. This case established the framework for the recognition
of Métis rights.
The Métis within section 35 refers to distinctive peoples or communities who, in addition to their
mixed First Nation and European ancestry, developed their own customs, way of life, and
recognizable group identity separate from their forebearers.
In order for a contemporary Métis community to possess section 35 rights it must have its roots
in an identifiable historic Métis community that emerged prior to the time when Europeans
established effective political and legal control in the area. It is therefore crucial to identify such
historic Métis communities.
Identifying a historic Metis community requires demographic evidence that the population was
identified as distinctive, evidence that the community had its own collective identity, and, evidence
that the community had its own shared customs, practices and traditions.
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