Win in Manitoba should reach across the Prairies

On Jan. 8, Will Gooden, a Métis man from Manitoba, received a favorable judgment in a court case that involved an incident that has been hanging over his head for four years.When Gooden shot and killed a duck near the Turtle Mountains, he never believed it would be an issue with Manitoba Conservation on account he was carrying a Manitoba Métis Federation (MMF) harvester's card.
But he was charged with unlawful possession of wildlife contrary to s.19 of the Wildlife Act that required him to have a license to hunt.
Much to his relief, and following a lengthy and expensive court battle, Justice John Combs decided that Gooden did in fact have a right to hunt.
"Obviously, I'm very happy with the outcome and the decision that the judge made on the case here in Manitoba," said Gooden. "It's been a long time coming."
MMF President David Chartrand echoed those sentiments in a press release, as did Métis National Council (MNC) President Clément Chartier and Métis Nation of Alberta (MNA) President Audrey Poitras, who is currently attempting to tangle with the province of Alberta over harvesting rights as well.
"It was a long, long time. Time I had to take away from my family. Time I had to take away from my work. It was not something I took lightly," said Gooden, adding that the MMF was an integral part of the process.
"They're the ones who made it happen. Without the MMF, there's no way anyone could afford to go through this process," said Gooden.
On that same note, Métis leaders, along with their lawyers, such as Jason Madden, said taxpayers should be upset about the amount of money being put towards the cases when the outcome is inevitable.
"The province made it impossible to do anything else. They wanted us to go to court," said Gooden. "In my opinion, they abdicated their responsibility and forced the courts to make policy for them, which is wrong on so many levels."
Gooden believes it was worth the effort, and added that he thinks Chartrand was disappointed in the route that the province chose to take.
Premier Gary Doer said he plans to re-evaluate that path taken and intends to be more assertive to find a way to accommodate the new ruling.
"When we entered into Confederation, we did so with our Métis rights intact. Today, we have yet another recognition of those rights.We trust and hope that Premier [Gary] Doer will do the right thing and work with us on implementing our MMF Métis Harvesting Initiative that respects our rights while also respecting the fish and wildlife resources that are being harvested. The Métis have offered this for years, but we hope now the province will do the right thing," said Chartrand in the press release.
"I guess I'm a little suspicious. I really do hope they come forward in good faith," said Gooden.
"Up until this point, the minister has not shown a willingness to move forward from his position at any point."
Perhaps the most intriguing aspect of this decision is the future implications that it may bring. Many Métis leaders gathered at Edmonton's Legislature grounds on Dec. 2, 2008 to announce a historic lawsuit against Alberta in regards to their recent dealings with harvesting rights.
Poitras has consistently maintained that she would rather go back to the bargaining table to come to some resolution on hunting rights, rather than go to court. Currently, 29 Alberta Métis are charged with unlawful hunting.
The province could look at the Manitoba case and save itself some money, and the implications of the court decision could go deeper than anyone perhaps imagined.In a CBC report, University of Manitoba law professor Karen Busby said that the ruling might alter the relationship between Canada and her Métis people so drastically that Métis may have to be consulted before development occurs on what is understood to be traditional hunting territory.
"This case isn't really just about hunting rights. Métis people have the right to preserve their hunting rights into the future, and that's the really important aspect of this case," said Busby.