Battle begins to brew over Metis harvesting rights

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The First Nations of Treaty 7 are concerned about the government making changes to their treaty rights. Specifically, they are interested in the implementation of the Powley decision and how Metis harvesting rights affects them.

As a show of support for Treaty 7, the Assembly of Chiefs of Treaty 6, 7, and 8 (Alberta) passed a resolution calling for the government of Alberta to terminate its Metis Interim Harvesting Agreements recently negotiated with the Metis Nation of Alberta (MNA) and the Metis Settlements General Council.

The Powley decision of September 2003 is the landmark case of the Supreme Court of Canada that first recognized subsistence hunting and fishing rights for Metis people under Sect. 35 of the Constitution Act of 1982.

The province of Alberta acknowledged this right in October 2004 when it agreed to subsistence hunting and fishing on Crown land for Metis people. The result was the interim harvesting agreements with the two major Metis political organizations in Alberta.

These agreements are temporary and in effect only until they are either terminated or a long-term agreement is signed.

Chief Strater Crowfoot of the Siksika First Nation moved the chiefs' resolution. Metis hunting rights should not extend to Siksika territory, he said in an interview with Alberta Sweetgrass on Aug. 16.

He insists that Metis harvesting should be limited to areas around identifiable historic Metis communities and that there are few, if any, such communities anywhere in Treaty 7 territory.

Crowfoot said Metis harvesting should be limited to areas of the province that were involved in the fur trade. He wants to point out that he is not taking issue with the pursuit of Metis rights, only with how Metis rights will impact Siksika's treaty rights.

Crowfoot is also concerned that First Nations in Alberta were not consulted before harvesting agreements that cover the entire province, and that could impact treaty rights and territory, were signed.

National Chief Phil Fontaine of the Assembly of First Nations (AFN) recognizes the Metis as one of the three Aboriginal peoples in Canada, but he spoke in support of the chiefs' resolution.

"Our responsibility is to protect our rights. That includes rights to land, rights to the resources, to education, to health, and the list goes on. We are talking about treaty rights and Aboriginal rights and we are not prepared to compromise our position. We are not prepared to give up land. Any alienation of First Nations land ... we will aggressively resist that," said Fontaine.

Jason Goodstriker, AFN regional chief of Alberta, said he has been invited to attend talks between Treaty 7 and the province of Alberta over the Metis Interim Harvesting Agreements. Goodstriker said the issue of where Metis can harvest should involve areas where script was distributed and the location of lands assigned to Metis settlements. No script was issued in Treaty 7 territory and there are no Metis settlements in southern Alberta.

Script was land or money issued by the government to Metis people between 1870 and 1921 in return for relinquishing claims to Aboriginal rights and territory. A great number of Metis accepted script, because they were starving during the period following the end of the buffalo trade in North America.

Clem Chartier, president of the Metis National Council, said if First Nations want to be involved in Metis negotiations with the government, then they should extend that same principle and allow Metis to be involved in First Nations' negotiations.

Crowfoot said First Nations' rights are initial or prior rights with the federal government and that Metis rights are only now being negotiated.

Audrey Poitras, president of the MNA, said the Metis Interim Harvesting Agreements should apply to the entire province and that Metis rights are the same as those for First Nations.

"I would refer to the decision of the Supreme Court of Canada (Powley decsion) which very, very clearly states ... that Metis rights are equal to, not more, not less, than First Nation and Inuit people," said Audrey Poitras.

Trevor Gladue, vice-president of the MNA, said Metis people are not a substandard people and that that is not negotiable.

"It's my belief that we, as Aboriginal peoples, shouldn't be trying to pit ourselves against each other, but trying to stand united in a common front of all Aboriginal people," said Gladue.

"There are people who benefit (economically) when we fight," he said.

Gerald Cunningham, vice-president of the settlements council, said his organization had not yet had time to come up with a response to the resolution of the Assembly of Alberta Chiefs, but would be asking for talks between the two groups.

On the weekend of Aug. 13, the MNA held its annual general meeting in Peace River where it passed its own resolution asking for talks with the chiefs of Alberta.

Delegate Melanie Omeniho moved the resolution.

"I believe that we have to work together in relationship with all First Nations. I am a strong believer in Metis rights and I don't want to push away First Nations' treaty rights, but I don't believe that First Nations' rights supercede our rights."