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R v. Willison: British Columbia Supreme Court Clarifies Requirements to Prove Metis Rights Under Test in Powley

Aboriginal Law Bulletin
August 2006


On June 26, 2006, the British Columbia Supreme Court released its decision in R v. Willison, 2006 BCSC 985. This decision overturned a Provincial Court finding, 2005 BCPC 0131, that Mr. Willison had satisfied the onus upon him to demonstrate that he possessed a Métis right to hunt for food. The case has important implications for the determination of the existence of Métis rights of a community protected by s. 35 of the Constitution Act, 1982.
© Fasken Martineau DuMoulin S.E.N.C.R.L., s.r.l.