Manitoba Hunting Case Sheds Light On Métis Rights

In the recent decision R. v. Goodon, 2008 MBPC 59, the Provincial Court of Manitoba dismissed a charge of unlawful possession of wildlife against the accused on the basis that he belonged to a Métis community that held an aboriginal right to hunt for food in the area. The case is significant to natural resource developers as it provides guidance on how a court may define a "Métis rights-bearing community" in the context of determining whether the government has adequately fulfilled its duty to consult with an aboriginal community whose rights may be impacted by a project. Of note is that the case appears to take a very broad view of what constitutes a contemporary "Métis community." Project approvals are at risk if the government fails to fulfill its duty.