Powley Factum of the Congress of Aboriginal Peoples

PART I - STATEMENT OF THE CASE

1. This Crown appeal raises two constitutional questions of first impression for this Court -- whether Metis persons have aboriginal hunting rights protected by the Constitution Act, 1982, s. 35(1 ); and if they do, who are the Metis persons entitled to exercise those rights.

2. The Intervenor 's Perspective. The Intervenor, Congress of Aboriginal Peoples, is a national organization representing approximately 750,000 Metis and off-reserve Indian peoples, composed of twelve provincial and territorial affiliates. The Congress' Metis affiliates have attempted to, or have negotiated harvesting, land and self-government rights with the Federal Government. These efforts have not (or not yet) borne fruit. The Congress' perspective is shaped by its belief that the ruling of this Court will impact significantly on these negotiations

PART II - FACTS

3. The facts in this case are the subject of careful and concurrent findings in the Courts below. These are succinctly set out in Part I of the Respondent's factum. Intervenor adopts Part I of the Respondent's factum. Intervenor submits that there is no overriding error requiring these concurrent findings to be disturbed in this Court