In a recent publication, the Congress of Aboriginal Peoples (CAP) made the following statements:
The Canadian Constitution (1982) recognizes the Métis as Aboriginal Peoples, but it does not specifically define who the Métis are or the extent of their rights.
This issue has been left to the courts to decide, or governments to negotiate. In 2003, the Supreme Court of Canada decided the Powley case. This ruling is called the “Powley decision.”
While the Powley decision recognizes the Aboriginal right of the Métis Peoples to harvest/hunt for food, it does not define who is a Métis. Instead, the Court set up a ten-part test that lists the criteria which Métis individuals must meet in order to exercise the Aboriginal Métis right to harvest/hunt for food.
This is called the “Powley criteria/test.” (click here to view) CAP has identified three (3) key elements with respect to the Powley criteria/test: (1) self-identification; (2) community; and (3) ancestral link. What this generally means is that Métis individuals claiming an Aboriginal right must not only self-identify as Métis, but are further required to prove they belong to a modern-day Métis community with historical roots.
In a recent publication, the Congress of Aboriginal Peoples (CAP) made the following statements: