[para60] Mr. W. Bouchard gave evidence that it cost him $4,000.00 to have his motherĖs line traced to its Indian roots. This expenditure would act as a very real deterrent for many individuals who might be interested in ascertaining whether they are of Metis ancestry. Government tracing would provide economies of scale and help resolve the issue as towho may or may not claim Metis status.
[para61] Even given the resources to compile a proper genealogical history, there are still difficulties to overcome. The initial mixing of the Indians and European fur traders in the Sault Ste Marie which eventually resulted in the Metis identity was not particularly well documented. Innovative spellings of names, spotty record keeping, lost documents and the mobility of the Metis are but a few of the challenges that face either individuals or organizations in developing an accurate census of the Metis population.
[para62] A helpful tool in the determination of a personĖs genealogy would be the oral history from the individual. Evidence of this nature is not only useful to support the historical roots of a party but more importantly, oral evidence by the Powleys would have allowed the court a better opportunity to assess how the Powleys interact within the Metis community of the Sault Ste Marie area. This point was well demonstrated during the evidence of Mr. Bennett and Mr. Bjornaa. During their testimony, the court was given a first hand account to support their genealogy and the personal roles that each of these men played in the local community life of todayĖs Metis population.
[para63] Although I agree with Mr. Long that this oversight is a very significant omission, it is not in itself fatal to the overall position taken by the Powleys.
[para64] One must also consider the personal expense in this search and balance that cost against the rights and benefits that may flow to the individual from the designation of Metis status.
[para65] I agree with Ms. Teillet that the Powleys must follow a similar process that has been used in determining Indian status. The first part of the process involves the self identification of the Powleys as Metis and the acceptance of them into contemporary Metis society. I am satisfied that Steve Powley has identified as a Metis and has been accepted by two organizations which represent contemporary Metis society, namely, the Ontario Metis Aboriginal Association and the Metis Nation of Ontario. Steve Powley openly placed his Metis status in issue when he shot the moose on October 22, 1993, when he attached his Metis number on the moose and when he declared that the meat was for the winter.
[para66] The second part of the process for the Powleys is to demonstrate that there is a genealogical connection between themselves and the historically identified Metis society. This undertaking was completed by Ms. Armstrong and is contained in her report, Exhibit 48. Ms. ArmstrongĖs evidence was not without certain weaknesses but I am satisfied that the accused before the court have demonstrated on a balance of probabilities that they have aboriginal roots.
[para67] The Crown called Ms. Gwynneth C.D. Jones. It is of particular note the following excerpt from her evidence: A. ... Without looking at every one of those individuals, I canĖt say there were exactly this many families of this descent in this area. We know that the probability was that most of them were of mixed Aboriginal and non-Aboriginal ancestry.
Q. Were any of these families direct ancestors of Steven Powley?
A. Yes (My emphasis)
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