Powley Case
Voyageur Articles
The Powley Decision from the Supreme Court of Canada - What does it mean for Métis harvesters in Ontario?
by Tony Belcourt
President and Chief Captain of the Hunt
Each MNO citizen who has a Harvesting Card can now harvest
within his or her traditional territory following the MNO
Harvesting Policy.
Métis harvesting rights are equal to the rights of
First Nations in Ontario.
The right includes all harvesting for food--including fish,
birds, small and large game.
The right is within each harvester’s traditional territory.
This decision does not mean that Métis can hunt all
over the province.
The right is not restricted by provincial regulatory seasons.
Slot sizes and numbers of fish will not generally apply -
as long as the fish harvested is for food. However, if the
slot size is in place because the larger fish are unhealthy,
(eg: mercury concentrations) then MNO harvesters should not
keep or eat such fish.
Conservation, health and safety still apply. Do not hunt in
road corridors, or at night, or on private property without
permission. Do not fish in fish sanctuaries. Endangered or
protected species should not be harvested.
In a group hunt, a Métis harvester should not try to
use his card to protect the other members of the party. Other
members of a hunting party, if non-Aboriginal, should be properly
licenced.
The Powley decision does not mean that Métis do not
have to register their firearms. Failure to register your
firearms is a criminal offence that could result in a criminal
record. Such a record would likely mean that travelling to
the USA would become impossible. Other negative affects may
also follow - for example, people with criminal convictions
cannot be bonded, and can be restricted from entering certain
professions, holding certain public offices and getting some
jobs.
Be respectful of the Conservation Officers in the bush. Be
polite and courteous. Show your Harvester’s Card.
If issues arise or there are any questions concerning Métis
harvesting rights, contact the Captain of the Hunt in your
area immediately.
Best wishes for success to all Métis harvesters. And
thank you for your support and respect for the recognition
and protection of our rights. |
