Natives Rights transferred by letter from Chief?!?!

[troutchaser29 0]

I heard that Natives who are out of thier Treaty areas can now get a letter from a Cheif in the area they want to hunt in and thier rights will be transferred. Is this True?!?!

[Guest MNR]

On May 3, 2007, the Ontario Court of Appeal delivered its decision in the case of R. v. Shipman, a case involving members of the Walpole Island First Nation harvesting in the traditional territory of the Michipicoten First Nation, a signatory to the Robinson-Superior Treaty. In its decision, the Court of Appeal found, on the evidence before it, that there was an Ojibway tradition of giving permission to hunt for food to other First Nation groups “passing through” an Ojibway First Nation’s territory. In turn, this practice or tradition is protected by the Robinson- Superior Treaty which provides for the continued right of the signatories to the treaty to hunt and fish as they had been in the habit of doing.

The practical result of this decision is a recognition of the ability of First Nations in Ontario to give permission to other Aboriginal people to harvest in their traditional territory, where the First Nation has a traditional, historic practice of doing so. The Court acknowledged that such

Determinations must be made on the unique facts and circumstances of each case. While the decision did not provide direction as to how the right should be exercised, where it exists, the Court did provide suggestions as to what should typically be required as evidence “sufficient to satisfy natural resource officers, police, and the court.” For example, the Court suggested that any permission granted should be in writing, provided by the Chief, and clearly identify the individual to whom it is granted. The Court also suggested that any permission

Granted would likely be invalidated if it did not reflect the community’s consideration of protection and conservation of harvesting resources.

The Court was careful to point out that it was not providing an exhaustive list of considerations or evidence that may be required. Each case must be determined based on the specific historic practices of the community asserting the right, and on the evidence surrounding the permission.

Granted, consistent with the principles suggested by the Court of Appeal in the Shipman decision.

The Ministry of Natural Resources has considered the implications of this decision and will not generally be pursuing enforcement action where a First Nation, which has a tradition of granting permission, has granted permission to another First Nation person to harvest for food under the

Following circumstances:

• The permission granted must be in writing and must:

• Specifically identify the Aboriginal person(s) to whom the permission is granted;

• Identify the species and quantity of fish or game being authorized to be harvested;

• Generally identify the geographic area within which permission is being granted to harvest;

• Identify the timeframe for which the permission is valid.

• The permission must be signed by the Chief of the First Nation granting the permission.

• The permission must be carried by the person harvesting pursuant to the permission and be produced to a Conservation Officer on request, in addition to any other identifyinginformation as may be requested.

The Ministry of Natural Resources has an obligation to investigate alleged breaches of the laws

and regulations it administers. The approach described above will serve as a general guide to

harvesters and the Ministry and, as each case will continue to be considered individually, there

may be circumstances where further investigation or action are required.

The Ministry of Natural Resources will continue to dialogue with Aboriginal organizations and

communities in Ontario who may have an interest in this decision and its implementation. The

approach outlined here will, accordingly, be updated as necessary or appropriate to reflect

discussions that may occur.

Ross Johnston

Community Liaison

Conservation Officer

Suite B001, 435 S. James St.

Thunder Bay, ON P7E 6S8

Telephone: 807-475-1521

Facsimile: 807-475-1527

Email: ross.johnston@ontario.ca

website: www.mnr.gov.on.ca