Treaty 8 hold wildlife workshop

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"Government is greedy," said 76 year old Dan McLean, a Native trapper from the Fox Creek area of Alberta. "They are going to sell off my land-maybe to some rich millionaire from Europe or Asia. They'll have more treaty right than we do. If these new wildlife regulations are implemented, there will soon be no more unoccupied crown lands for us to hunt and trap on. This is the way I understand it."

McLean's concerns were one of many brought to light at a Treaty 8 workshop (on hunting, fishing trapping) held at the Sawridge Hotel in Jasper, March 14-15.

The workshop attracted Indian participants from across the Treaty 8 area and also including a visit from representatives of Treaty 6.

Alberta Fish and Wildlife policies, under the newly revised Wildlife Act, were the concerns of the gatherers and the basis of the meeting.

Treaty 8 Chiefs and their representatives, met with political leaders, lawyers, government officials and concerned media in an effort to air their concerns and seek solutions to the problems posed by the new Act.

The major areas of concern were the new Outfitter/Guide regulations; the grazing lease conversion policy, and the increased restrictions (by regulation) placed on Aboriginal hunting, fishing, trapping and gathering.

The sale of crown lands; the rights of outfitters, which allow exclusive protection of vast areas of crown land; and the end result of no available "unoccupied" crown land for Indian use were the basis of McLean's comments.

Trapping in the Berland, Nose Creed areas since 1928, McLean says that the graves of his ancestors, which number 50 to 60 prove he and his family have rights to the land.

"I was the first person pinched (arrested) under the Natural Resources Transfer Act (of 1930). They took my moose away and charged me," McLean said.

With little traffic on the roads in 1930, McLean began his long trek to the courtroom in High Prairie. Finally, in despair, he jumped in front of an oncoming truck.

McLean then learned that the man who ran into him (and gave him a ride to High Prairie) was an Alberta magistrate. McLean told his story.

The first name on the court docket that day was McLean's. He was dealt with swiftly.

"The magistrate told the police to take my moose home for me-and to take me home too," said McLean.

"At the time," added McLean, "the Transfer Act had no power over the Indians, but now the government acts as though it does have power over treaties signed in 1899."

McLean attributes this to the fact that many Indians, not aware of the full consequences of the delicate Treaty issues, would rather pay a $50 fine than to go to the trouble and expense of a trial. He said that the continual, quick guilty pleas have helped erode the rights of the Indian people.

"The Alberta government was just born in 1905," scoffs McLean.

"They're just babies. The treaty was signed six years earlier and the graves of my family go back a hundred years before that."

Workshop Chairman Allen Willier said the meeting was held in order to obtain a positive direction from the Chief's of Treaty 8.

The participating chiefs and other band administrators, listened intently and interjected comments as the meeting progressed.

The not-too-familiar issues were clearly defined by guest speakers which included Lawrence Courtreille, VP Treaty 8, Russell White, Aboriginal Trappers Federation, Richard Davis Treaty 8 Education Committee, Tony Mandamin, an Edmonton based attorney, his colleagues Kathy Twinn of Slave Lake and Ken Strociak of Edmonton, and Regional Director General of the Department of Indian Affairs, Dennis Wallace.

Attorney Ken Strociak, involved in the controversial "Horseman Case" said the final decision on the matter, now before the appeal courts, would make clear the interpretations of the Treaties' validity.

"One of the strongest theories of the crown is that stated by Justice Dixon, who claims that the Transfer Act was a merger and consolidation of treaty rights."

"I agued," says Strociak, "that a merger, a funny concept of property law dealing with the transfer of lands, is a very technical thing. In this case it is impossible to have a merger."

"A merger requires dealing with the same two parties. In this particular case, however, the treaty is an agreement between Canada and the Indians of Treaty 8, while the Transfer Act is an agreement between Canada and Alberta."

Strociak said the Horseman case was formed on a very good fact situation and that the appeal may take time.

"The Alberta Government is very concerned about the impact of this decision should it go against them. I think it is quite clear that they (Alberta Government)are trying to restrict treaty rights in an operational sense-that is, they want to limit and restrict the rights of Treaty Indians to engage in their traditional harvesting activities."

Tony Mandamin, in his research of the history of hunting, trapping and fishing said that many of Canada's laws originated in England.

Under the British common law system, decisions began with the King. This was later moved to the King's appointees, the judges in the land.

After a number of years, the "calf's path" emerged. "That is to say, once a judge made a decision, other judges followed the same way. After a while, these decisions were final and in fact, became the law."

Mandamin said that until 1972, the Canadian Government said there "was no such thing as Aboriginal rights, except as we give it to them."

The Supreme Court of Canada, at the time, decided that when there is a doubt about interpreting a treaty or a statute which involves Indians, the result is always to be made in the favor of the Indians.

"If the policy had been in place since 1960," claimed Mandamin, "many of the Indian rights would not have eroded away as they have been doing."

Solicitor Catherine Twinn, speaking on the Wildlife Act (to take effect on April 1, 1987), indicated the concerns of Native people in regards to the new act.

Twin said that among other things, the government was imposing the new rules because, "they were currently restricted and complicated; the old act was not clear enough about animals; the need to curb the growing lawlessness in rural Alberta, not enough protection for the public from the hunter; and no protection for non-residents swindled by dishonest guides."

Twinn added that the impact on Aboriginal people could be even more devastating.

The list of concerns mentioned included increased cost factors (permits, insurance, bonding); the prevention from anyone entering the business (unless big dollars were available to purchase existing rights); the windfall, or financial gain by those already operating big outfitting/guide operations (limited supply equals price increase); a monopolistic service (same people in command of licenses each year); and a possible foreign ownership (20%) of Alberta's annual wildlife harvest (because the Minister can allocate up to 20% of annual licenses to non-resident aliens).

Other concerns brought fort by Twinn involved the new Grazing Lease Conversion Policy.

Twinn said that "while the conversion of grazing leases is currently frozen, it is likely that this policy will eventually be re-enstated."

"The conversion of leased land into owned land increases the possibility that access will be denied," she said.

Other concerns include the worry that government may increase the lease land in order to sell more. She also stated that the conversion may decrease the amount of winter forage available for wildlife.

Once public lands are sold, she said it decreases the area in which Native people can hunt freely, because currently Indians can only hunt on "unoccupied crown land". Finally, the increased land speculation could lead to an increase in demand for further leases and sales of public lands.

"Currently there are 5.3 million acres of lease land in Alberta. While it may seem insignificant by Alberta's overall land (159,232,000 acres) it s possible that such a policy could lead to future policies of increased impact," stated Twinn.

Other Wildlife Act concerns mentioned by Twinn included the prohibition on the discharge of firearms on all developed road allowance in Alberta; the creation of new areas of restricted hunting; the requirement that all first time hunters pass a test before obtaining a license; and dramatically increased fines which can further hinder the exercise of Native hunting rights whenever there is an uncertainty as to the extent of rights.

Treaty 8 Chiefs and other band representatives present at the workshop indicated solid support for the resolutions prepared by the committee on comments and concerns from the forum floor.

These resolutions, which were all passed unanimously, included one that says Treaty 8 VP, Lawrence Courtreille, would strike a working group who'd report back to the chiefs with their written recommendations on how the objectives could best be implemented. A request for funding for the working group to the Director General of Indian Affairs was also passed.

Because of evidence that concludes that all Albertans, Natives and non-Natives alike, would be affected by the new act it was also resolved that the IAA would be mandated to take steps to get the support of other groups and organizations, and to prepare an awareness campaign that would flood Alberta with vital information and facts about the dangers of the new Wildlife Act.