December - 2005
Province, MNO still battling over hunting
By George Young, Birchbark Writer
OTTAWAThe Metis Nation of Ontario (MNO) is heading back into the courts again with the government of Ontario's Ministry of Natural Resources (MNR) over Metis hunting and fishing rights.
A number of MNO harvesters have been charged with hunting infractions dating back to the time before the MNO and the province signed an interim agreement on harvesting in July 2004.
An average delay of almost two years exists between the time of the alleged infractions and the date the charges were laid. So far, 10 MNO members have been charged, but charges against another dozen or so are pending.
The problems between the Metis organization and provincial government stem from the fact that the MNR does not recognize harvesting rights in all areas claimed as traditional hunting and fishing territory by the MNO. The department only recognizes harvesting rights in the area of the province north of Sudbury, with the French River acting as a divider between the provincially approved harvesting area and the area not covered under the interim agreement.
Minister David Ramsay of the MNR said the province has offered to negotiate harvesting rights in areas south of Sudbury but the MNO has not co-operated. Ramsay believes the MNO wants the entire province as traditional harvesting territory.
MNO president Tony Belcourt maintains that the interim agreement signed between his organization and the province should include all areas claimed as traditional harvesting territory by the Metis. He said that this territory extends to the area around Lake Huron.
During negotiations regarding the interim agreement on harvesting the MNO defined its claimed territory, Belcourt said, but the MNR imposed a line north of Sudbury at the last moment after Ramsay promised there would be no line.
The dispute over harvesting territory between the MNO and the MNR centers on interpretation of the Powley decision, the landmark case that first recognized Metis harvesting rights.
Ramsay said the Powley decision states that harvesting rights are site specific. Belcourt doesn't disagree with that interpretation but claims more sites in Ontario than what the MNR recognizes.