Recently the Supreme Court of Canada (SCC) recognized that Métis have an aboriginal right to hunt that is protected by section 35 of the Constitution Act, 1982. Regrettably, this ruling is a step backward for Canada. Not only does this ruling treat Canadians differently based on race, but it paves the way for Métis people of Canada to have the same rights and title as Status Indians.

The September 19th, SCC decision declared that Métis people who can show a direct link to a historic Métis community and its practices have the same aboriginal rights as Status Indians to hunt for food, social, and ceremonial purposes. This decision was a result of Steve Powley and his son Roddy being charged in 1993 for killing a bull moose without a provincial license. They argued in court that as Métis, they have a Constitutional right to hunt for food without a license and outside designated hunting season. The SCC agreed.

If the Indian Act has shown anything in almost 130 years, it is that treating one group of Canadians differently is fundamentally and morally wrong. Status Indians are under legislative and administrative jurisdiction of the federal government as spelled out in the Constitution, and are regulated by the contents of the Indian Act. By having a piece of legislation that targets one segment of Canadian society the Act segregates Indians from other Canadian citizens by their placement on reserves. Thus the Act limits their ability to fully participate in an economy which is now overwhelmingly in urban Canada. Sadly, the SCC decision may result in the creation of yet another discriminatory piece of legislation - the Métis Act of Canada.

By granting Métis the same rights to hunt as Status Indians, the high court has opened the door for expansion of Métis rights to include the plethora of taxpayer funded benefits provided to Status Indians. Status Indians and Indian bands have special rights in Canada, including tax breaks, natural resource rights, free healthcare and education, extra government services and broad rights to hunt without a license and hunt out of season on Crown land. Furthermore, the ruling may provide the Métis with the precedent they need to establish Métis land claims throughout Canada.

Fortunately, in their decision the SCC defined the term Métis as it pertains to the Constitution Act, 1982. Specifically the SCC declared, "Section 35 of the Constitution Act, 1982 does not encompass all individuals with mixed Indian and European heritage; rather, it refers to distinctive peoples who, in addition to their mixed ancestry, developed their own customs, and recognizable group identity separate from their Indian or Inuit and European forebears." In other words, this decision would only apply to a portion of the estimated 300,000 Canadians who meet the criteria: self-identification, ancestral connection and community acceptance.

The Centre for Aboriginal Policy Changes believes Canadians - all Canadians - are fundamentally alike; therefore all legislation and government policy must be based on fairness and equality. Regrettably this decision further entrenches Canada's ongoing practice - to value one Canadian over another based on ethnic lines.