Harvesting
NEW LEGISLATION INTRODUCED BY PROVINCE OF SASKATCHEWAN PROTECTS HUNTING, FISHING & TRAPPING
Métis Nation – Saskatchewan
Harvesting Report
The Métis Nation-Saskatchewan Harvesting Department is responsible for the negotiations of a province wide Harvesting agreement with the province of Saskatchewan. As a result of the numerous court cases in Saskatchewan and Canada that have recognized and affirmed the Métis right to harvest, in 2008 the MNLA mandated the Harvesting Department to pursue these negotiations and ultimately, a province wide accommodation that recognizes and respects the Métis Section 35 right to harvest. As well, the Harvesting Department also works with Métis harvesters who have been charged with harvesting offences across the province – currently, the Saskatchewan government only recognizes the Métis right to harvest in certain areas of the province, an approach the Métis Nation Saskatchewan vehemently disagrees with. The Harvesting unit is also responsible for enforcing and updating the Métis Nation-Saskatchewan Wildlife Act (1994).
∞ MN-S-Saskatchewan Memorandum of Understanding (MOU) – This MOU would formally initiate negotiations on Métis harvesting rights and set out principles, subject matters and a process to arrive at an agreement. It was agreed that the MOU would be reviewed/considered by Métis citizens, MNLA and Saskatchewan Cabinet. The MOU does not recognize or affect Métis rights in any way. It just sets out a negotiations process to try to arrive at a province-wide harvesting agreement. CLICK HERE TO VIEW PROPOSED MOU...
∞ MN-S-Saskatchewan Environment Screening Process (Screening Process) – The Screening Process would take the burden off individual MN-S harvesters having to provide information to Conservation Officers about Métis rights and provide an opportunity for the Métis Nation to intervene on MN-S harvester’s behalf prior to charges being laid. It would only apply to MN-S citizens who asked for it to apply and it does not affect Métis rights or Saskatchewan’s current approaches to Métis rights in north. It is only an interim measure until a final agreement is concluded, but would build take pressures off individual Métis harvesters.
CLICK HERE TO SEE PROVICE OF SASKATCHEWAN'S GUIDE TO HUNTING AND FISHING RIGHTS
Proposed Timelines
- September 2008 - Mandate from MNLA;
- March/April 2009 - Province-Wide Consultations on MOU and Screening Process;
- Winter 2010 - Sign MOU and move forward with MN-S-Saskatchewan Screening Process;
- Spring 2010 - Begin formal negotiations with Saskatchewan and start consultations with Métis community on harvesting issues;
- Fall 2010 - Circulate outcomes from consultations (i.e. proposed changes to MN-S Wildlife Act, proposals for negotiations, etc).
MNS held the 1st round of Province wide consultations on the MOU and the Screening Process on the following dates:
October 18, 2008 North Battleford
October 21 & 22, 2008 La Loche , Buffalo Narrows, Beauval
March 7, 2009 Yorkton
March 11, 2009 Archerwill
March 18 , 2009 La Ronge
March 21, 2009 Ile a LaCrosse
March 22, 2009 Prince Albert
April 4, 2009 Saskatoon
April 18, 2009 Fort Qu’Appelle
April 19, 2009 Regina
Based on the Screening Process and application of the policy at present we have a total of (13) files/incidents open, where hunters/fishermen are claiming a Métis right to hunt/fish for sustenance (food) under section (35) of the constitution. To date in response to Ministry of Environment/Legal/Court decisions:
- Five (5) files/incidents have been dropped/no charges have been laid
- Three (3) of the files/incidents are set for trial in 2010
- Six (6) of the files/incidents are in negotiations with Ministry of Environment/Legal Counsel as to prove Métis ancestry/ancestral connections
*This numbers are subject to change due to updates.
Harvesting Resolution-MNLA 2008
R. v. Powley (2003)
In 1993, father and son – Steve and Roddy Powley – were charged with hunting a moose outside of Sault Ste. Marie, Ontario.
Unlike the Saskatchewan Government’s approach to the Morin & Daigneault case (which recognized Métis rights in Northwest Saskatchewan), the Ontario Government appealed the Powley case all the way to the Supreme Court of Canada.
In 2003, the Powley was the first affirmation of Métis rights by the Supreme Court of Canada. The Supreme Court also confirmed Métis are a full-fledged rights-bearing people.
What’s Happened Since Powley Case?
Ontario
Following Powley decision, the Métis Nation of Ontario (MNO) negotiated a province-wide agreement with the Ontario Government, which recognizes the MNO’s Harvesters Cards and Métis traditional territories. Métis harvesters are not being charged if they have a MNO Harvesters Card and are following MNO Harvesting Policy.
Manitoba
The Manitoba Provincial Court handed down its decision in R. v. Goodon in January 2009. The Goodon decision recognizes the harvesting rights of a regional Métis community throughout southwest Manitoba. The Manitoba Métis Federation (MMF) and Manitoba Government are likely to begin negotiations for formal recognition of MMF Harvesters Cards and Laws of the Hunt in the near future. MMF continues to defend its harvesters.
Alberta
Following Powley decision, Alberta Government negotiated a province-wide harvesting agreement with Métis Nation of Alberta (MNA). In July 2007, Ted Morton (the Alberta Minister) cancelled the agreement has implemented an arbitrary policy which only recognizes 17 “Métis communities” in north and denies Métis rights in south. The MNA has adopted its own Harvesting Policy in 2007 and is defending its harvesters (20+ charges currently). MNA has also filed a lawsuit claiming Métis harvesting rights throughout the province.
British Columbia
Métis Nation British Columbia (MNBC) conducting research and looking to select a test case. MNBC has adopted a Harvesting Policy and is issuing Harvester Cards. B.C. Government does not recognize Métis rights in province and there are not negotiations on Métis harvesting.