Decision goes against OMAA's rights bid

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The Ontario Metis Aboriginal Association (OMAA) has lost a bid to try and get constitutionally-protected Metis hunting and fishing rights recognized for its members.

In an order handed down on June 17 in the Ontario Superior Court of Justice, Justice I.S. McMillan ruled that the OMAA application "does not constitute a matter in which this court should exercise its discretion to intervene."

The OMAA application was an attempt to combine the defense of 40 different charges against its members for hunting and fishing infractions into one legal action.

A positive decision in the application would have meant recognition of Metis hunting and fishing rights for OMAA members, as well as saving OMAA money in legal expenses to defend its members facing the charges.

The decision does not mean that the battle is over, said Michael McGuire, president of OMAA.

The defence of OMAA members can still continue, but cases must proceed on an individual basis.

The application also sought to have the Metis Nation of Ontario (MNO) interim harvesting agreement with the Ministry of Natural Resources (MNR) set aside.

"What we say is that a constitutionally-protected right of the Metis, and in particular the applicants in this application, my clients ... has been negotiated to a privilege meted out by the MNR and MNO. This in effect extinguishes our constitutionally-protected Metis hunting and fishing rights,"

said John Clow, legal council for OMAA.

On this part of the application Judge McMillan ruled: "The applicant OMAA is a corporation which does not enjoy Charter rights and which does not appear to have status or standing to challenge the interim agreement entered into between the MNR and the MNO concerning the recognition and regulation of the latter's Metis members."

McGuire said the ruling does not mean that OMAA members do not have Metis harvesting rights. OMAA has been fighting for Aboriginal rights since 1967, said McGuire.

"We are a Metis tribe and we should have the same rights as everyone else," said McGuire.

Meanwhile MNO President Tony Belcourt said his organization is pleased with the judge's decision.

"We appreciate the rigor with which the government of Ontario defended its agreement with the MNO. This decision further legitimizes the recognition by the government of Ontario of the historic Metis communities represented by the MNO," he said.