[para18] Counsel for the Powleys filed a Memorandum of Law (Exhibit 67). I shall discuss the various issues that are before the court using the aforementioned Memorandum as a framework. The areas to be examined are:

(1) The interpretive principles to be applied when dealing with s. 35 of the Constitution Act, 1982.

(2) The process for determining a Metis right to hunt:

(a) Are the Powleys Metis within the meaning of S. 35(2) of the Constitution Act 1982?

(i) The use of the term Metis

(ii) Historic government recognition of Metis

(iii)Objective test for determining who is a Metis are for the purpose of s. 35(2)

(iv) Was there an historical Metis society at Sault Ste Marie?

(v) Is there a contemporary Metis society at Sault Ste Marie?
 

  (b) What is the relevant time/date for determining the existence of the right claimed?

(c) What is the correct characterization of the right?

(d) Is the right claimed a practice, custom or tradition which was exercised by the Metis?

(e) Is the right claimed integral to the distinctive Metis society?

(f) Do the Metis continue to exercise the practice, custom or tradition?

(g) Has the right been extinguished?

(h) Does the regulatory scheme infringe the preferred method of exercising the practice, custom or tradition?

If so, is the infringement minimal and has it been justified?
 

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