Multi-faceted issues complicate hunting rights

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Metis rights to hunt, trap and fish that have been denied them since Confederation may be protected as a result of new talks that are planned between the Manitoba Metis Federation and the province.

On Oct. 18, Metis federation president David Chartrand announced the new MMF Commission for the Metis Laws of the Hunt, along with a community consultation process that will contribute to developing new rules for resource harvesting. The findings drawn from the community meetings will prepare the Metis federation to negotiate terms and conditions with the province.

What is new, Chartrand said, is that from the Metis perspective of having a "clear responsibility" to harvest responsibly and plan for the future, they are "allowing and . . . are giving the government (a chance) to establish a group right for the Metis" that will supersede individual harvesting rights. "That's a fundamental difference in constitutional discussions, between individual and group rights. These are two different spectrums altogether."

Senator Edward Head has been appointed chairman of the commission, which consists of representatives from the Metis federation's seven regions: Phillip Beaudin represents the Southwest; Cecil Thorne, Thompson; Gilbert Saindon, Southeast; Brian Beach, Winnipeg; Eugene Fleury, Interlake; Charles Vermeylen, Northwest; and Diane McGillvray, The Pas.

The community consultations are expected to give the Metis people an opportunity to discuss their current relationship with the province, what they want with respect to harvesting rights, the manner in which they want to exercise their harvesting rights, and the commission's role. The first meeting was scheduled Oct. 18 in St. Norbert.

Numerous commissions and inquiries, Chartrand told Windspeaker, have recommended that "definitely traditionally the Metis, and legally, constitutionally, have the right to hunt for sustenance."

Up to now he added, the province has been delaying its responsibility to "sit down in government-to-government relations and come to some kind of arrangement. So we're quite pleased that this government right now in Manitoba has accepted this, the task and the challenge," he said, to "negotiate a co-management relationship and partnership."

The Metis have selected 21 locations from among 80 communities where their members live to start the dialogue process in both urban and rural environments. They will be asking people "to share what they believe the rules of the Metis hunt should be," something Chartrand himself has been seeking opinion about for a year-and-a-half. Discussions will encompass licensing, the possibility of fees for licences, limits to the harvest, laws regarding the right of Elders to hunt, the possibility of designated community hunters and other concerns.

Chartrand said if they have to push for recognition of their rights in the courts the Metis are certain to succeed eventually.

"When that day does happen, then there's no use sitting down after that with the province, so the province has got to come to terms that the Metis federation, the Metis people of Manitoba, are giving the government the best option possible for them and also for us."

Chartrand said they plan to conclude the consultations by February and get their Metis laws of the hunt ratified at their March assembly. "This includes trapping, fishing and gathering."

Following that, they will make a presentation to the premier and to the minister responsible for natural resources "and anticipate that they will come across with a quick decision and either new legislation or new policy changes in regards to hunting in Manitoba for Metis people."

The government still has two years before an election, so Chartrand feels there is plenty of time to settle.

"In my view it is a foolish move on behalf of any government that wouldn't agree, because it is known full well cases are starting to trickle their way to the Supreme Court of Canada. And the rulings obviously by the Sureme Court of Canada are . . . beneficial or supportive of our position."

Chartrand added the Metis right to harvest is well-established and they are not negotiating something they already have.

"What I'm trying to do is put into place some rules and procedures."

Metis people, he said, have noted the discussions of First Nations people who are trying to figure out ways to "curb" people who are abusing the right.

"And it is happening. How do we manage and in fact invest in the future of the species that we're taking from the land? All of us have the responsibility. It's not just the government . . . and I don't think the government's doing a good job."

He said the Metis are concerned not only with exercising their rights, but about managing species that are already challenged by environmental disasters, private sector development, chemical contamination, and diversion of waterways.

Another point he raised is the issue of treaty land entitlement in Manitoba. He said the Metis support First Nations in advancing their land claims and they know the tribes are purchasing massive pieces of Crown land.

"On the other hand, what does that mean to our people? Does that mean now our areas of traditional hunting are no longer going to be there? Does it mean we will no longer be able to gather blueberries in that area or mushrooms? Does that mean that now that's First Nations territory we have to pay a licence and do we have the money to buy that licence on a area we've traditionally . . . used for hunting?"

Dialogue with First Nations is proceeding, he said, and he is hopeful common sense among leaders will prevail. He said one of the worst things that could happen is Aboriginal people fighting among themselves.

"We always have to know where our challenge lies, and our challenge doesn't lie internally. It lies external."

Other areas that affect the Metis right to harvest are the takeovers of massive land holdings by timber, hydro and mining sectors, as well as the xpansion of parks.

Chartrand said the Metis are creating non-governmental partners to work on these issues.

It takes money. The federation has applied for a $60,000 grant to further their self-government process, but the feds have told them they will only put up $25,000 when the province does. The province has committed to $25,000, but the Metis haven't seen it yet.

"I'm going to ask (federal interlocutor Ralph Goodale) to take a stronger role in getting us resources from the federal government," said Chartrand.

"We're going ahead with or without that money. . . . I want to make it clear to all people out there that Metis people, we're tax payers, and I think we have rights that go beyond just the Canadian citizens' rights. We have constitutional rights when we negotiated a treaty (the Manitoba Act) with this country.

"I'm hoping that John A. Macdonald is finished, and that his policy is going to come to an end now, and there is going to be a new relationship and new treatment to a people that founded Western Canada."