Indian goes to court in hunting dispute

Page 11

Jeff Morrow

Indian hunter George Alexson never used to need help when he went into the bush to bag some elk in order to feed his family.

Now, he's facing a court battle with local ranchers who claim he's not authorized to be on their land.

Alexson says his status as an Indian permits him to hunt where he wants, and he's got the public to back him up.

When Alexson, 39, went tracking an 800 lb elk bull into the woods near Valleyview, Alberta last year, he caught the ire of provincial officials who charged him with hunting without a license on

Crown land.

The Fish and Wildlife department took him to court for the illegal possession of two elk. He was found not guilty by provincial Judge John Robbins in July, ut the government has appealed the

decision and the case is set for November.

The case has turned out to be a little more complicated than the government figured, says Alexson who has retained the help of the Alberta Fish and Game Association (FGA) and the Alberta

Wilderness Association in his fight for traditional rights.

"These groups have been really supportive. They have even hired a lawyer to represent me," he says.

According to the Eden Valley Reserve resident, there is a long standing dispute between area hunters, both Native and non-Native, and local ranchers who lease crown land to graze their cattle.

He says hunters have always been fearful of plying their trades on land that is leased out by the province.

"But many times we don't have a choice. The areas we need are getting smaller," Alexson insists.

The province leases out more than 5.3 million acres of land. More than 4.5 per cent of it is crown land used for grazing.

The FGA maintains that crown land is public land and hunters, Indian or not, should have access without asking the permission of the leases.

The Alberta government and cattle commission disagree.

Lawrence Sears, chairman of the land use committee of the Alberta Cattle Commission says there are legalities and restrictions on the land that must be enforced.

"There is a difference between public land and crown land which has been leased," he said.

"When the government, the agent of the public, signs a lease, some of the public's rights to that land are relinquished."

Judge Robbins, who ruled that Alexson didn't need permission by virtue of his treaty rights, even went as far to say the ranchers had no right to put trespassing signs on the property to keep

hunters out.

Originally from Saskatchewan, Alexson says he has been hunting elk to feed his wife and children, who are members of the Stoney Indian Band, for nine years.

"I would have rather been charged with trespassing more than anything. ut to be charged with killing food for my family makes it even harder to deal with," he says.