Right to hunt crosses provincial borders, says lawyer

When the Métis Nation of Alberta goes in front of the Alberta Court of Appeal next February, lawyer Jason Madden will be referencing the newly-signed Manitoba Métis harvesting agreement, which doesn’t depend on Métis settlements in order to designate land as traditional Métis harvesting grounds.

“I’m not sure it will have any impact (in the court),” said Madden, who represents Métis Manitoba Federation (MMF) as well. “We think it’s helpful. This agreement provides a framework of how the other Prairie provinces can move forward with the Métis … I think that it shows that this can be done.”

MMF President David Chartrand believes the agreement is in keeping with rulings from the Supreme Court of Canada.
“With this agreement, the Selinger government is taking a leadership role within Canada on the recognition of the constitutional rights of the Métis people,” Chartrand said in a news release.

On Sept. 29, the Manitoba government and MMF signed an agreement that sets aside almost 800,000 square kilometres of land as Métis National Resource Harvesting Zones. And that’s just the beginning. Over the next two years, the provincial government and MMF will discuss additional lands that will allow Métis to harvest and hunt with only a harvester card.

“We’ve identified some areas of priority,” Madden said.

These lands border on the region already established, which is in the southwest corner of Manitoba and covers almost one-third of the province. The new priority land spreads that area further north along the Nelson river area, including Norway House, Cross Lake, and Wabowden, where Madden is confident evidence will support historical Métis harvesting.

The land included in the agreement goes beyond the land identified in the Goodon case. Will Goodon was charged in October 2004 with harvesting without a license after he shot a duck near Turtle Mountain. The Provincial Court of Manitoba dismissed the charges against Goodon in 2009 and Justice John Combs ruled Goodon had a constitutionally-protected Métis right to hunt and that Manitoba’s Wildlife Act did not apply to Métis harvesters because the province’s regulations infringed upon the Métis right to hunt and failed to recognize or accommodate the Métis right.

Madden notes that the larger area that is part of the agreement is lands supported by research undertaken by both the MMF and the provincial government. Collaborative research over the next two years is expected to expand that core territory.

“If there’s still disagreement at the end of the two years … the Manitoba government will refer to the Manitoba Court of Appeal to get greater clarity on it,” Madden said.

The Manitoba Métis harvesting agreement does not impact First Nations harvesting rights in the prescribed area.

Madden said the agreement that is now in place in Manitoba is similar to the interim Métis harvesting agreement that was in place in Alberta prior to the change in provincial leadership in 2006. That agreement allowed Métis to harvest across Alberta. Now, Métis are only able to harvest without a licence in 150-km radius of 17 Métis settlements, which lie in the north and central parts of the province. The MNA is challenging that policy through Garry Hirsekorn, a Métis hunter charged in 2007 for hunting out of season and illegal possession of wildlife in the Cypress Hills area, where there are no Métis settlements.

Madden said the Manitoba court-ruling allowed that Métis traveled through specified parts of that province–and even into other provinces, which fell outside of the Manitoba court’s jurisdiction–and therefore could harvest in those areas. The Alberta Provincial Court ruled that Métis harvesting must be limited to areas surrounding Métis settlements. That ruling was upheld by the Court of Queen’s Bench.

Madden said the Hirsekorn case is a continuation of the Goodon case.

“What we’re just essentially saying is that in Alberta, the same people that we were arguing about in Manitoba, their rights don’t stop at the Manitoba-Saskatchewan border, they actually go all the way into southern Saskatchewan, go into southern Alberta as well,” Madden said. “They’re using the traditional territory, i.e. the plains, in order to sustain the population. That’s really the argument.”

Madden said the MNA will be writing to the provincial government, referencing the Manitoba agreement and suggesting discussions prior to the scheduled February court appearance.
“(The MNA will be saying) we should sit down and talk about how we could use elements that we like and implement them in Alberta as a way forward,” Madden said.

“I believe the minister would be open to (a meeting), yes,” said Kevin Zahara, press secretary for Alberta’s Aboriginal Affairs Minister Robin Campbell. “The minister is always willing to meet and discuss issues if he is contacted.”

Zahara said the department is aware of the Manitoba agreement but would not comment on it until officials had a chance to look at it in depth.

“There are cases now before the courts in Alberta that touch on these issues and for that reason it would be inappropriate for me to comment on them in detail at present,” Zahara said.