Powley Case
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NEWS (12:00) (CBCS-FM), SUDBURY, 01 Oct 03 12:35, Length:
00:05:00, Ref# 3333A4-11 Anchor/Reporters: ALLAN NEIL, SUSAN
WAYDE 0
Métis Hunting Rights
ALLAN NEIL : For many Métis people, it's a way of life; living off the land and hunting for their food. Now that tradition is being enshrined in law. Last week, the Supreme Court of Canada ruled that Ontario Métis community has the Aboriginal right to hunt. Métis people now say that decision raises the issue of their rights. It's also raising questions about enforcement and conservation of the province's natural resources. Ontario Today's Susan Wade has been looking into the story, and she's in our Thunder Bay studio. Hi, there.
SUSAN WADE: Hi there, Allan.
NEIL: So, review for us what the ruling is all about.
WADE: Well, the story starts with a Métis man, Steve Powley and his son. They went out hunting near their home in Sault Ste Marie. They shot and killed a moose, and they were quickly charged under the province's Fishing Game Act. Now, the men argued because of their Métis heritage, they had the right to not only hunt outside of hunting season, but also hunt without a license. Just as many First Nations people can.
NEIL: Yes.
WADE: Now, as you can understand there is a whole series of court challenges, but in essence, the Supreme Court agreed with them, and the courts went one-step further, Allan. They also said that anyone who could prove a direct connection to Métis heritage, can have that same Aboriginal right to hunt for food.
NEIL: As long as you can prove the direct connection.
WADE: Exactly, right.
NEIL: Okay, so how significant is that ruling, then for Métis people?
WADE: Well, this battle has been fought for generations. It's gone through the court system in other provinces, like New Brunswick, and Saskatchewan. Tony Belcourt is President of the Métis Nation of Ontario. He feels there's only one way to describe how Métis people are feeling about the ruling.
TONY BELCOURT: Our people are overjoyed at that. It also now, finally settles a lot of questions about whether or not Métis, in fact, exist, or have rights, and so on. The door is closed on that discussion now. In the immediate future, it means that Métis harvesters, going out to hunt for their meat for the winter this year, are going to be able to do so, without hassle, at least, we hope.
NEIL: And the hassle will probably depend on how other groups in the province feel about this. Métis people may be overjoyed at the ruling. What is the reaction been from other groups?
WADE: Well, sporting groups for example, were quick to respond. Now, they insist they respect the right of Métis people to hunt, but they're worried about the impact on fishing and wildlife stocks. Will there be, say, over-harvesting. Interesting, one hunter told me we have to avoid a situation like the killing off of the cod stocks, on the East Coast. It's that serious of a concern. The Ontario Federation of Anglers and Hunters are calling for some tough government rules and guidelines, given this court ruling. Andy Houser speaks for the group. He says, yes, I mean we need to ensure conservation, but we also need to ensure that everyone continues to have the right to hunt.
ANDY HOUSER (OFAH): A very small number of people can have quite a significant impact on fish and wildlife population, particularly some of the big game species, such as moose. And so, we're looking for leadership from the government, to develop an approach which provides for, on a one hand priority allocation, but at the same time, a recognition that priority does not mean exclusivity, and that in fact, non-Aboriginal people to also have a right to use fish and wildlife resources. It's important to them culturally, it's important to them socially and economically.
NEIL: Okay, so what are the Métis people have to say about the concerns over conservation?
WADE: Well, Métis people say in fact, that they are the original conservationists. They certainly have a respect and a love for the land. They take it as a responsibility. They already have a harvesting system in place. They have something called a hunt captain, so that person ensures that the Métis people are following good practices, when they're out in the bush, that they're using firearms properly, following the rules. And Tony Belcourt, with the Métis Nation, he reels at the very suggestion that Métis people would over harvest.
BELCOURT: We don't condone waste, we don't condone harvesting endangered species, or in fish sanctuaries, for example, we don't hunt during calving season, so, those are our own rules. Simply respect those people and we're not talking about numbers that are going to go out there and alienate the moose population. If that were the case, we would have done it a long time ago.
NEIL: It's an interesting question, though, because he's talking about rules, and it sort of ends up leading to the question of who follows what rules? Who makes sure that the Métis people are allowed to hunt?
WADE: Well, that's the concern now. The Ministry of Natural Resources says it's going to issue some new guidelines for its conservation officers. Those are the people who patrol the bush. They go out and enforce the fishing and hunting laws.
NEIL: Yes.
WADE: Steve Payne speaks for the ministry. He says in fact, they will follow the wishes of the Supreme Court. Their approach will be as conservation officers, to deal with each Métis person they come across, and treat them as an individual.
STEVE PAYNE (MNR): The claimant would have to show a significant link to the historic and present Métis community. For our purposes, you know, we have a series of questions that the CO's can ask them, and this is evaluated on a case by case basis, and we're going to ensure that our CO's will be going out and regulating hunting as they normally would, to ensure conservation and safety regulations are being followed by all parties.
WADE: Now, I asked the Ministry, Allan, how they would determine if someone is in fact, Métis.
NEIL: Right.
WADE: And have that right to hunt, if they're out there, especially out of season. I asked, perhaps, would there be some kind of card or identifying system. The MNR says they're still working out the details. But there's a sense out there, that no final decisions, no rules will be in place, until after the election.
NEIL: Like so many things, yes.
WADE: Exactly.
NEIL: But that is a very interesting question, as to what sort of identification process there will be for the hunters that are out there. Now hunting season is open in many parts of the province now. What will that mean for the Métis people?
WADE: Well, Tony Belcourt says Métis people will be out there hunting this week, where there's a need for food, where the animals are in their proper life cycle, to go out and be hunted and harvested. And Belcourt gets very emotional, Allan, when he thinks of Métis people out on the hunt.
BELCOURT: And I contemplate the idea of our people being able to go hunting, fathers and sons, and daughters, and other, the family, for example, going out on the land, and being able to do so, without, as the trial judge said, scouting through the forest like criminals. I just, I find it hard to even imagine the joy that our people are going to have. I know that it brings me chills just thinking about it.
WADE: So, very emotional for all the groups involved. And no matter who I talk with, in doing story, whether it was the Métis groups, sporting groups, everybody wants to make sure that there aren't confrontations in the bush, that everyone in fact, respects and fully understands this court ruling. And two words kept coming up, Allan. Conservation and cooperation, that seems to be the key to this issue.
NEIL: It will be interesting to see, Susan.
WADE: It will be.
NEIL: How much cooperation and conservation, actually results. But best of intentions, anyway.
WADE: Certainly.
NEIL: Susan Wayde, thanks very much for this story.
WADE: Oh, you're welcome.
NEIL: Susan Wade is our Northwestern Ontario contributor.
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