METIS HUNTING AND FISHING RIGHTS IN SASKATCHEWAN

Released on October 3, 2003

A recent Supreme Court of Canada decision involving Aboriginal rights has resulted in a potential expansion of Metis hunting and fishing rights in Saskatchewan.

"Saskatchewan is well prepared to manage this decision in an orderly manner and we have the tools and processes in place to minimize the potential impact on our fish and wildlife resources," Environment Minister Buckley Belanger said. "Our co-operative relationship with the Metis Nation – Saskatchewan and shared recognition of the need to conserve our fish and wildlife resources will be instrumental in this process."

The decision in the Blais case rejected the notion of universal hunting rights for Metis under the Natural Resource Transfer Agreement. However, in the Powley case the court found that certain Metis people may have an existing Aboriginal right to hunt for food under section 35 of the Constitution Act, 1982. The province is consulting with legal counsel to clarify the application of this decision to Saskatchewan.

Saskatchewan already recognizes that certain Metis people in northern Saskatchewan have Aboriginal rights to hunt and fish for food as a result of the Morin and Daigneault decision in 1996. The Powley decision lays down tests for determining which Metis communities possess Aboriginal rights and who can exercise those rights. It is the responsibility of individual Metis to prove they have the Aboriginal right to hunt and fish for food.

The decision in Powley applies across Canada. The decision does not mean all Metis in Saskatchewan now have Aboriginal hunting and fishing rights. Metis people will need to satisfy conditions set out by the court in order to exercise these rights. Some conditions include long-standing self-identification as a Metis; community acceptance; and membership in a modern Metis community with ties to a historic Metis community. As well the court has indicated that the right is site specific; that is, it can only be exercised within the traditional area of the individual Metis community.

"We will use this decision to guide us in respecting legally-defined Metis rights and ensure their involvement in the orderly recognition of these rights," Belanger said. "Metis people realize and recognize their responsibility to conserve and respect the resources that sustain these rights."

Metis individuals considering whether they have the Aboriginal right to hunt and fish should contact their legal counsel to determine what they will need to prove in order to satisfy the court's conditions before exercising these rights. Metis people may also wish to contact their local conservation officer regarding other hunting and fishing regulations.

The court's direction on who may exercise the right will need to be carefully reviewed so that people who are not entitled to the right do not abuse the decision. The key to ensuring conservation in Saskatchewan while respecting rights will be continuing a working relationship with the Metis Nation - Saskatchewan and Metis communities, First Nations, Saskatchewan Wildlife Federation and other resource user groups working to establish co-operative conservation and enforcement initiatives.

Conservation Officers will apply an interim enforcement protocol when investigating potential Metis hunting and fishing rights cases. Metis people will also need to follow all safety and conservation regulations including those prohibiting use of spotlights for hunting, loaded firearms in a vehicle, discharging firearms from a vehicle, hunting close to occupied buildings and corrals, careless use of a firearm, hunting on game preserves and hunting on private lands without permission. The province will continue to enforce all safety and conservation regulations on Aboriginal and non-Aboriginal people hunting and fishing.

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For More Information, Contact:

Dave Phillips Environment Regina Phone: (306)787-9079