First nations man claims charter right to trade eagle parts

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Charter Right to poach Eagles?

First nations man claims charter right to trade eagle parts


By Jane Seyd, Canwest News ServiceJune 26, 2009Comments (20)



NORTH VANCOUVER — A first nations man convicted of illegally trafficking in eagle parts is appealing his case, saying he has a charter right to trade the bird pieces.

The case of James Carl Joseph will likely be one of the first in British Columbia's Lower Mainland to examine whether first nations members have a right protected under the Charter of Rights and Freedoms to trade in eagle parts that have been deemed illegal under the provincial Wildlife Act.

The trading of eagle parts came to light in 2005, with the discovery of 50 butchered eagle carcasses on Tsleil-Waututh Nation land in North Vancouver.

Fifteen men were eventually charged with trafficking in the eagle parts. Several were fined; two were handed brief jail terms.

Most recently, Joseph, identified as one of the key players in the trafficking ring, was found guilty of seven offences under the Wildlife Act following a seven-day trial in Surrey provincial court.

He has yet to be sentenced.

A date for his charter rights argument will be set in Surrey provincial court later this summer.

According to court documents, Joseph traded ceremonial eagle parts with first nations band members in the United States. Joseph used a carving workshop attached to a relative's house on Tsleil-Waututh Nation land to stash the eagle bodies and dismember them.

Conservation officers believe between 500 and 1,500 birds were killed illegally by poachers in various areas of the south coast and brought to North Vancouver for processing.

Judge Jim Jardine of the Surrey provincial court found Joseph guilty on seven charges, including illegally trafficking in wildlife parts and unlawful possession of dead wildlife. He was found not guilty of six other charges, including exporting wildlife parts.

Earlier this year, another first nations man on Vancouver Island was found guilty of four offences of trafficking wildlife after failing to convince a judge with his Aboriginal rights argument.

North Shore News
© Copyright (c) The Vancouver Sun
 
Well....

I am expecting some hypocrisy to storm in here soon as people start start calling out the natives for claiming a right to hunt/sell/eat, when people here feel it is their right as well.... regardless of what the science or reports say, to hunt for sport or food...

;)
 
Well one native gent teaches all the kids up Grouse mountain that the Eagle is sacred, they only collect the feathers that have been shed by the birds. All his forefathers would look down on him for harming the great birds.
I'm not sure this guy had those same teachings??
 
Well one native gent teaches all the kids up Grouse mountain that the Eagle is sacred, they only collect the feathers that have been shed by the birds. All his forefathers would look down on him for harming the great birds.
I'm not sure this guy had those same teachings??

I think Mr Joseph missed that day of traditional knowledge class.
 
Well one native gent teaches all the kids up Grouse mountain that the Eagle is sacred, they only collect the feathers that have been shed by the birds. All his forefathers would look down on him for harming the great birds.
I'm not sure this guy had those same teachings??

Indeed. My father keeps watch on where they nest. Go to that area and harvest the shed feathers.

Less work to shoot them I guess. Gives me a sick feeling in my stomach.
 
As far as I know it works like this. There is an agreement, either written down or by handshake, that conservation officers will endeavor to collect and preserve, eagle feathers and parts. Then there is a mechanism whereby these items are distributed to the appropriate First Nations representatives. These high ranking elders can then present the feathers as honours to deserving people at ceremonies and celebrations. 99.99% of the people would not receive these items in any other way.

For example: I was present at a ceremony where a fan was presented to a woman for her continuing efforts and participation in cultural activities. She danced at the Pow Wows for over 50 years. She judged dancing during this time too. She taught native dancing to hundreds, if not thousands, of young women. She is a role model to all of her children, grandchildren, relatives, and strangers alike. She had wanted an eagle feather fan all her life, but did not have one until that presentation.

The feathers came with a letter of authenticity from the Federal Parks. The rangers know where the eagles nest, and collect the fall down feathers, road kills, and other mortalities.

My daughter wants an eagle feather fan too. There is an eagle nesting up the road. He will be left alone by us. You have to believe that most people are doing the right thing, I do anyway.
 
I don't believe this case has much to do about traditional/ceremonial use for the feathers, it's all about $$$$$$$$$.

I wonder what happened stateside. I would think US authorities to be very harsh in handing down sentences on illegal activities involving their national bird. The Lacey Act would apply here as well.
 
Claiming that your heritage gives you a right to poach is not ok with me. Just like whites, blacks and all the other colors there are scumbags everywhere.
 
Sorry, protected species...find another bird. Simple as that.


I'm sympathetic to native culture but things aren't what they used to be. Just like the native communities adapted to the times, they aren't out there hunting in loin cloths etc. so to should their culture adapt a little bit to the times.


If eagles are protected/endangered then a common ground must be found, apparently they have one with the feather exchange program. Prosecute this guy to the max.



BTW, if I believed in certain native religious/culture beliefs does that give me a right to kill any protected species?
 
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