R. v. Powley [2003] 2 SCR 207

The Métis can prove their Aboriginal rights using the Van der Peet test (1996), with the following modification: they have to prove that the relevant practice, custom, or tradition was integral to their distinctive culture at the time of effective European control rather than at the time of contact with Europeans. They also have to prove that there was an historic Métis community at the place in question at that time (in this case, the Sault Ste. Marie area in 1850), and that there is a present-day Métis community there with a connection to the historic community. These requirements were met, and so a Métis Aboriginal right to hunt for food in the Sault Ste. Marie area was established. As the accused were able to prove that they are members of this contemporary Métis community, they are beneficiaries of this right and were acquitted. This is the first Supreme Court decision on the Aboriginal rights of the Métis.