Métis rights
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Section 35 rights
Section 35 of the Constitution Act, 1982 recognizes and affirms the existing Aboriginal and treaty rights of the First Nations, Inuit and Métis in Canada. Since 1982, Aboriginal rights have been defined by the Courts and interpreted by federal policy makers to include a range of cultural, social, political, and economic rights, with legal tests established to determine the scope and content of these rights, and the groups that can exercise them.
In 2016, a Ministerial Special Representative report on Section 35 rights was conducted by engaging with Métis organizations.
Métis membership
Since 2005, Canada has provided support to various Métis organizations to maintain registries of Métis individuals in their citizenship with Métis rights under section 35 of the Constitution Act. These organizations include the:
- Métis Nation of British Columbia
- Otipemisiwak Métis Government
- Métis Nation-Saskatchewan
- Manitoba Métis Federation
- Métis Nation of Ontario
Métis organizations are responsible for verifying that the individuals applying to their registry can meet the criteria for claiming Métis rights under section 35 as defined by the Supreme Court of Canada in the R v. Powley. Outside of providing support funding, the Government of Canada is not involved in the maintenance or operation of the registries.
If you believe you are Métis, please discuss your situation with a Métis representative organization in your province or territory.
The Daniels decision
On April 14, 2016, the Supreme Court declared in Daniels v. Canada that Métis and non-Status Indians are "Indians" for the purpose of federal Parliament's law-making jurisdiction under subsection 91(24) of the Constitution Act, 1867.
Métis hunting rights and licenses
Harvesting rights, include practices such as hunting, fishing and trapping. They have been vital to the Métis people's way of life throughout history, and remain an important part of Métis culture into the present. Various Métis organizations have worked with federal and provincial partners to establish systems for the recognition, regulation and governance of Métis harvesting practices. Each Métis government coordinates its own harvesting system, often through the use of Harvester Cards or internal regulations and policies.
Learn more about each Metis government's harvesting programs: