Harvesting Policy
FAQ
What is the MNO/MNR Interim Agreement on Harvesting?
Flowing from the Supreme Court of Canada's
decision in Powley, the MNO and the Ministry of Natural
Resources (MNR) made an agreement that recognizes the
MNO's Harvester's Certificate (Card) system. The agreement,
at this point, is very short and is set out in four
points which are included in this insert. The essence
of the agreement is that MNR will apply its Interim
Enforcement Policy to each MNO Harvester's Certificate
holder who is harvesting for food within his or her
traditional territory. This means that MNO Harvester's
Certificate holders will not be charged unless they
are in violation of conservation or safety standards.
Why
did the MNO agree to this arrangement with the MNR?
For years, what the MNO has continuously heard from
its harvesters is that they wanted to harvest without
fear of harassment, screening or prosecution by the
MNR. Since 1995, the MNO has worked on developing a
responsible and Métis-driven harvest management system
that would allow its harvesters to do just that. In
the past, the challenge had been the lack of recognition
of the MNO's system by the MNR. Now, with this MNO/MNR
agreement, the MNO's Harvester's Certificate system
will be used as a means of identifying legitimate Métis
harvesters in the field. Further, if MNO harvesters
are harvesting within the MNO's Harvesting Policy and
respecting the conservation and safety requirements
set out in the MNR's Interim Enforcement Policy, they
will not be screened or charged. With this arrangement,
the MNO has achieved the goal of Métis harvesters
no longer having to "skulk through the forest like
criminals" when they are exercising their constitutionally
protected rights.
Do
I only have a right to hunt if I have a MNO Harvesters
Certificate?
No. Harvester's Certificates do not 'grant' or 'give'
MNO citizens their harvesting rights. Your Métis
right to hunt flows from being a member of an historic
Métis community. All the MNO Harvester's Certificate
provides is an administrative means for the MNR to identify
legitimate Métis rights' holders in the field
- similar to how the MNR uses Indian Status Cards as
a means of identifying First Nation harvesters. These
'cards' just provide a means to allow others (i.e. MNR)
to identify legitimate Aboriginal rights-holders.
Is
the agreement to issue only 1250 MNO Harvester's Cards
for the 2004 Harvest a 'cap' or 'limit' on the number
of Métis citizens who have the right to hunt?
No. Since the MNO began to issue Harvester's Certificates
in 1995, only slightly more than 1000 valid MNO Harvester's
Certificates have been issued. Based on this historic
reality, for this upcoming year, the MNO is confident
that 1250 will be more than enough to meet the historic
demands of MNO citizens. In addition, the MNO/MNR agreement
provides for the development of a "mutually agreeable
process" to increase this number in the future.
Are
MNO Harvester's Certificates just MNR 'tags'?
No. MNO Harvester's Certificates are a means for the
MNR to identify legitimate Métis rights-holders
in the field. MNO Harvester's Certificates are not species
specific, do not have extensively limited seasons imposed
on harvesting, and are not obtained through a lottery
system. The only limitations on MNO Harvester's Certificate
holders are those developed and agreed to by the Métis
Nation itself - as set out in the MNO's Harvesters'
Policy.
Now
that the MNO has an agreement with the MNR, can I harvest
without any restrictions?
No. In order to be covered by the Interim MNO/MNR Harvesting
Agreement (i.e. no screening and no charges) you must
be harvesting within the MNO's Harvesters' Policy (i.e.
have a valid Harvester's Certificate, respecting conservation
and safety requirements; harvesting within your traditional
territory; harvesting for food - not commercial, etc.)
and the safety and conservation provisions of the MNR's
Interim Enforcement Policy. If you plan to harvest this
fall, please familiarize yourself with the MNO's Harvesting
Policy (provided in this insert). If you have questions
please contact your Captain of the Hunt or the MNO.
Finally,
it should also be noted that if you are not harvesting
within the MNO's Harvesting Policy and the IEP's safety
and conservation provision you may be screened and charged.
Further, the MNO will not be under an obligation to
support or represent those harvesters who provide false
information on their Harvester's Certificate applications
or fail to respect and uphold their obligations under
the MNO's Harvesters' Policy.
What
is my 'Traditional Harvesting Territory'?
At present, the boundaries and details of the traditional
harvesting territories of Métis communities within Ontario
are not fully determined. However, based on information
gathered by the MNO from community consultations, the
Registry, and some available research, the MNO has developed
an interim "Traditional
Harvesting Territories" map on which the issuance
of 2004 MNO Harvester's Certificates will be based.
A copy of this map has been provided in this insert
and is also available from the MNO, your Captain of
the Hunt or at www.metisnation.org. It must be noted
that this is an interim map to be used for the time
being pending the results of future research and negotiations
with the MNR.
Why
is there a $30 application and renewal fee for a two-year
MNO Harvester's Certificate?
This fee will go directly to the MNO's Legal Defence
Fund and will be used to offset the extensive legal
costs involved in fully-funding the Powley case over
the last decade, as well as supporting on-going legal
costs in the Métis Nation's pursuit of its rights-based
agenda.
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