Does the Powley decision affect the Government of Canadas Aboriginal policies?
Before 1982, the Federal Government denied responsibility for Métis as it did not consider them “Indians,” as defined in s. 91(24) of the British North Act (1867) although it did include Inuit as “Indians” under the jurisdiction of the Indian Acts and eligible to access federal programs and services. The Federal Government continued to deny responsibility for Métis after patriation of the BNA Act (1867) and passage of the Constitution Act (1982) that expanded the restrictive term “Indians” to the more inclusive “Aboriginal peoples” defined as “Indians, Inuit and Métis.” The Federal Government continued a narrow view of “Aboriginal peoples,” and to deny equitable Aboriginal rights to Métis after 1982. It preferred to have to have courts decide what Aboriginal rights might be extended to Métis. The Powley Decision (2003) by the Supreme Court of Canada is a result of the Federal Government’s continued denial of equitable Aboriginal rights to Métis across Canada. The Federal Government has
