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The arrest of two Status Indian hunters charged with the killing of three elk on Highway 40 southwest of Calgary last week has sparked renewed debate on Treaty hunting rights.
Four people were charged after the entrails of three elk, two of which were pregnant, were found by a park ranger in the Mist Creek area, south of Peter Lougheed Provincial Park in Kananaskis Country.
Beverly Ann DeCock and Clarence McRee of Slave Lake each face six charges, including hunting during "closed" season, unauthorized entry and discharging a firearm from a primary highway. Two other people have also been charged with similar offences under the Wildlife Act. If found guilty, they could face a $2,5000 fine or a month in jail.
However, according to Wildlife officials, McRee and Decock are general list status Indians and could be exempt from prosecution.
Local environment groups again renewed their call for an end to what they say is an "unrestricted slaughter" of wildlife by Treaty Indian people.
The Foundation for North American Big Game, an Alberta based hunting group, offered to pay the $5,000 reward announced by Wildlife Minister LeRoy Fjorbotten and are working with Alberta Fish and Wildlife to patrol the area.
Fjordbotten also condemned the act saying the killings were a "barbaric" act and the quick arrests "should prove to be a strong warning" for anyone considering hunting elk in the region.
However, Indian Association officials feel once again the government and environmentalists are focusing on the wrong issue.
"They are ignoring the real issue ? wildlife management," says president Gregg Smith. "We submitted our proposal more than two years ago . . . and we have never received any response."
Smith says the association won't be directly involved in the case against the two Indian hunters, saying the two hunters are not members of a band. "We are not even sure if Treaty rights apply here as they received their rights through Bill C-31."
However, Smith and the association will be vigorously defending Treaty hunting rights, particularly if environmentalists persuade the provincial government to try to assert jurisdiction over Indian Treaty rights.
"We'll take it to the Supreme Court if necessary. Our rights are in the Constitution and many people don't seem to realize that."
Smith is also concerned over the recent media attention saying the "white press is trying to interpret our rights" yet does not bother to become informed.
"They are using the word 'slaughter'. There was no slaughter because four people (hunting and killing) three elk is reasonable."
Smith also pointed out that many pregnant animals slaughtered each year because it is impossible to tell if a doe is pregnant.
"Breeding takes place in the summer and hunting season comes just after that, so it is inevitable that some pregnant animals will be killed."
Doris Ronnenberg, president of the Native Council of Canada (Alberta), agrees with Smith saying she has consulted with hunters who confirm that pregnant animals are killed every year.
Ronnenberg feels the whole issue has been blown out of proportion by people who do not understand the Native way of life.
"I understand the veal is newborn calves, yet that is accepted. Native people do not slaughter baby animals," she said.
Ronnenberg, whose organization represents non-Status and general list Indians, says the two people in question have not contacted her organization for help, but if called upon she will do all she can. "We have limited resources and to take this whole thing to court could be very expensive."
Ronnenberg would like to see Alberta's three Aboriginal groups get together and discuss what she says is an attack on Native hunting. However, Smith says he has no plans to meet. "But we will be monitoring the situation," he said.
All four charged will appear in a Canmore court Jan. 20 for a preliminary hearing. The judge will decide if the charges are valid and if there is enough evidence to proceedto trial.
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