Hunting charges dropped according to treaty rights

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The Aboriginal rights section of the Canadian Constitution has helped a Treaty Indian win a court case over hunting rights.

Stony Plain Provincial Court Judge aquitted Ernest Arcand of violating the Migratory Birds Convention Act saying that the regulations of the Act violate Treaty 6 and therefore do not apply to the Native hunter.

Arcand shot two mallard ducks last year during the closed season.

"While the defendant has been without a remedy, I think Section 35(1), - the Aboriginal rights section of the Canadian Constitution ? now gives him one. His treaty is no longer a contract subject to breach; quite the contrary," said the judge.

He went on to say that the treaty which allows Natives to hunt and fish "subject to such regulations as may from time to time be made by the government" cannot be interpreted to include the severe hunting limitations placed on treaty Indians under the Migratory Birds Convention Act.