Hunting charge challenged

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A Saskatchewan treaty Indian charged with hunting moose out of season says he will battle the government in court on constitutional grounds.

Harvey Adam, now living in Edmonton, says he is "not guilt," because he's protected by treaty rights entrenched in the Constitution.

"As a treaty Indian I have a sacred right to hunt so I refuse to plead guilty to hunting moose out of season."

He says if he is guilty of anything it would be for trespassing because he was hunting on occupied land near Edson.

Treaty Indians are allowed to hunt for food or clothing on any unoccupied land provided they are hunting for their own subsistence or that of their immediate family.

Ron Hanson, director of operations for Alberta Fish and Wildlife, says the two criteria: hunting on unoccupied land and hunting for subsistence, must be met in order for Indians to exercise their right to hunt. Hanson says if both conditions are not met then Indians no long hunt by the rights provides through their treaty.

"If a Native hunts on private land without consent, he is in the same position as a non-Native because both criteria haven't been met. So he would be charged with hunting moose out of season because he is being treated as a non-Native. An Indian can hunt at any time so long as both criteria are met."

In effect, says Hanson, when one of the rules are violated, treaty Indians extinguish their hunting rights.

But Adam disagrees, saying he will not have his rights extinguishes.

"I'm sure a lot of Indians are going to be upset because if my rights are being eroded so will theirs."

Adams is to appear in court in Edson Jan. 30.