- Location
- Sudbury, On
Nothing outlawing the feds from prohibiting the purchase (with severe monetary and jail sentences) of "aboriginal" captured wildlife by "whiteys".
New Aboriginal Hunting and Fishing Rights?
- Thread starter tactical870
- Start date
bearkilr
CGN Ultra frequent flyer
- Location
- Nowhere, ......just past the middle
Natives need permission to hunt on private land in SK whether it's posted or not.
CreamySmooth
CGN frequent flyer
Actually not correct. Until the trespass laws came in 2 years ago, you still had British Common Law right of passage in Saskatchewan. If it wasn't posted you could just go hunt. Indian or anyone else. However, the trespass law is a 125 dollar fine currently and no penalty for any type of wildlife infringement can be assessed as the charge is hunting on POSTED land. And that still applies. The synopsis is written to make you believe you need to ask permission, but you don't if yer fine with a 125 dollar charge as your risk assessment.
bearkilr
CGN Ultra frequent flyer
- Location
- Nowhere, ......just past the middle
"Status Indians and those hunting under their Treaty rights may not hunt on private land unless they have permission from the landowner."
http://www.environment.gov.sk.ca/Default.aspx?DN=5557f7f7-798a-411c-81f0-45f2c00c5add
Regardless, you have many antiquated socialist laws regarding private property/trespass in SK and even if charges do get laid against aboriginals, they are routinely dismissed in court, at least that's the way it is in MB.
CreamySmooth
CGN frequent flyer
Didn't I say the synopsis is written to sound like that? Now find the charge section relating.... Oh wait... It doesn't exist!!
Here it is, from the Wildlife Act...
Hunting on certain lands
41(1) Where there are legible signs, of a size specified in the regulations, prominently placed along the boundaries of any land so as to provide reasonable notice bearing the words “No Trespassing” or «Entrée interdite», “No Hunting” or «Défense de chasser», “No Shooting” or «Tir interdit», or words or symbols to a similar effect, no person shall hunt any wildlife within the boundaries of that land except with the consent of the owner or occupant.
(2) Subject to this Part and the regulations, where there are legible signs, of a size specified in the regulations, prominently placed along the boundaries of any land so as to provide reasonable notice of instructions concerning the method of hunting or the use of vehicles connected with hunting, no person shall hunt any wildlife on that land except in accordance with the posted instructions.
(3) No person shall erect or place or cause to be erected or placed a sign mentioned in subsection (1) or (2) along the boundary of any land of which he or she is not the owner or occupant, except with the consent of the owner or occupant.
(4) No person shall tear down, remove, damage, deface or cover up a sign erected or placed in accordance with subsection (1), (2) or (3).
(5) In a prosecution for a contravention of subsection (1) or (2), the onus is on the person charged to prove:
(a) that he or she had obtained the consent of the owner or occupant to hunt on the land of that person; or
(b) that the land was not posted with signs as set out in subsection (1) or (2).
(6) Where an owner or occupier of land has not erected or placed signs along the boundaries of his or her land in accordance with subsection (1) or (2), that fact alone:
(a) is not to be deemed to imply consent by him or her to entry on the land; or
(b) does not imply a right of access to his or her land for the purpose of
hunting.
(7) Nothing in this section limits or affects any rights or remedies of an owner or occupier at common law.
So...
A) There's nothing about aboriginals other than the same laws effecting us. If there is let me know!
B) There is no section or penalty for anything beyond section (1) or (2) hence while it says you shouldn't, there is no charge.
C) If there was a section relating specifically to Indians not being able to, it wouldn't pass a Charter test as you can not discriminate based on race. Unless, of course, in Canada, you were to confer additional rights to that group.
The article you quote, is exactly that, an article. However, your notions about charges thrown out are dead on. The provincial governments are afraid to prosecute in case they lose, which would confer more rights....
burnt_servo
CGN Ultra frequent flyer
- Location
- right in the middle of b.c.
there is a really easy way to fix everything here .......
change the definition of native canadian to mean anyone born on canadian soil .
every single person born on candian soil , was born here by the choices made by someone who was not born here , regardless of ancestry .
so why are we treated differently .
change the definition of native canadian to mean anyone born on canadian soil .
every single person born on candian soil , was born here by the choices made by someone who was not born here , regardless of ancestry .
so why are we treated differently .
- Location
- Mid Vancouver Island
Seems to me that treaties are agreements signed between two or more sovereign nations. The treaties that have been signed in Canada are between aboriginal nations (now called "First nations") and Canada. In areas where no treaties have been signed, and there are overlapping land claims, the aboriginal groups/bands/tribes/what have you are generally considered to be nations. As such, shouldn't these nations be responsible for setting up and enforcing reasonable regulations binding on their people with regards to resource conservation? It is these "First Nations" that should be responsible for effectively managing the natural resources that the Canadian courts have deemed to be under the ancestral right of said First Nations to regulate. You can see a prototypical example of such management on the Skeena river, where the local band sets regulations and quotas for the food fishery. They hire DFO enforcement to enforce their own laws amongst their own people. A native who poaches fish there, and gets caught by the fish cops gets a fine that's not paid to the federal government, but to the local band. I would suggest that a set of regulations like these should be in place to regulate ancestral hunting rights. Maybe an expanded season, and a larger limit for subsistence purposes, but some rules regarding limits on methods (banning pit lamping, etc), a ban on wasting killed animal, etc, would be in order. Of course this would require all of these nations to apply effective regulation and enforcement, which might be a very tall order indeed.
- Location
- Sudbury, On
That's how it works in the US, and Canada... Of course, only in Canada if you're an illegal immigrant!
southwest maddog
CGN frequent flyer
- Location
- Narrow Ranch
I work with aboriginal people every day. No man can serve two masters. They live in their country off of our country. Its all wrong and when things are done wrong there can be no right results. I care for them a great deal but they are a lost people. No money, taxation freedom, hunting or fishing law exemptions are going to fix it. We have tried to form a society here with rules. Those rules are an attempt to make this a fair place for all of us to live.
When people can live within our society and not be accountable it harms all of us. But it has crippled the aboriginal people. I know this. I see it every day. Maddog
When people can live within our society and not be accountable it harms all of us. But it has crippled the aboriginal people. I know this. I see it every day. Maddog
bearkilr
CGN Ultra frequent flyer
- Location
- Nowhere, ......just past the middle
Good post and a very factual point. Unfortunately, most aboriginals haven't discovered this yet or choose to ignore it. Many figure a free ride will return their heritage and mend their broken culture. Nothing could be further from the truth. When you get hired because you're first nations or have a lower LSAT requirement to be accepted into law school, what society is saying is that "you're an idiot and need preferential treatment because you can't compete at the same level as the rest".
Equality in all respects is the only way to fix this. It can't be done overnight and there will be many upset people, but the path they're being headed down is spiralling out of control and will come to a head in the not too distant future. There are still some of the older natives around who understand this, but they're getting few and far between. The time to try and right the wrongs of the past is over.
Treaty 1st Nations have the right to hunt and fish without limit ANYWHERE in Canada. There are NO borders. As long as they or another 1st Nations person is consuming the meat there are no limits to how much game they can take.
There are some laws they can be fined for.
In Sask.:
They are NOT allowed to carry a loaded firearm in or on a "vehicle".
They are NOT allowed to shoot from or on a "vehicle".
They are NOT allowed to use spotlights.
They are NOT allowed to hunt within 500m of occupied buildings.
They are NOT allowed to waste any edible game meat.
They are NOT allowed to sell, trade or barter game meat.
The are NOT allowed to hunt on private land without permission.
To prove this in court is another matter....The C.Os are under-staffed and cannot be all places and catch them in the act....When they do get caught alot of times not much happens to them when it goes to court. The Judge certainly isn't going to confiscate their vehicles or firearms because he knows the Government will eventually replace them(at tax-payers expense). I think most C.O's have given up because it is like banging your head against a wall.
Having said this not all Reserves are the same and some DO co-operate with Wildlife Branch.
In Manitoba alot of bands have agreed to NO HUNTING is certain areas....now they just come to Sask. where the Government and COs don't deter them from hunting on Crown Land. So they head up to Sask side of Porcupine hills with Reefer Trucks....hunt till they are full and head back to Cross Lake and distribute the food, then come back for more.
They are doing what the Treaties allowed for....some break the rules...others do not....cut and dry that is it....and it is here to stay....so you better get used to IT!
P.S
It disgust me as well as others....we have several NO Quad zones in the Province(namely Provincial Parks) that allow quads ONLY for retrieving game....but 1st Nations quad everywhere and dig deep ruts in Cross-Country Ski Trails etc. They also hunt at night in same Provincial park....but good luck proving it was with a spot-light unless the C.O catches them in the act.
There are some laws they can be fined for.
In Sask.:
They are NOT allowed to carry a loaded firearm in or on a "vehicle".
They are NOT allowed to shoot from or on a "vehicle".
They are NOT allowed to use spotlights.
They are NOT allowed to hunt within 500m of occupied buildings.
They are NOT allowed to waste any edible game meat.
They are NOT allowed to sell, trade or barter game meat.
The are NOT allowed to hunt on private land without permission.
To prove this in court is another matter....The C.Os are under-staffed and cannot be all places and catch them in the act....When they do get caught alot of times not much happens to them when it goes to court. The Judge certainly isn't going to confiscate their vehicles or firearms because he knows the Government will eventually replace them(at tax-payers expense). I think most C.O's have given up because it is like banging your head against a wall.
Having said this not all Reserves are the same and some DO co-operate with Wildlife Branch.
In Manitoba alot of bands have agreed to NO HUNTING is certain areas....now they just come to Sask. where the Government and COs don't deter them from hunting on Crown Land. So they head up to Sask side of Porcupine hills with Reefer Trucks....hunt till they are full and head back to Cross Lake and distribute the food, then come back for more.
They are doing what the Treaties allowed for....some break the rules...others do not....cut and dry that is it....and it is here to stay....so you better get used to IT!
P.S
It disgust me as well as others....we have several NO Quad zones in the Province(namely Provincial Parks) that allow quads ONLY for retrieving game....but 1st Nations quad everywhere and dig deep ruts in Cross-Country Ski Trails etc. They also hunt at night in same Provincial park....but good luck proving it was with a spot-light unless the C.O catches them in the act.
because it's not politically correct, and people label you as a racist if you speak the truth. I think a few people need their feathers ruffled myself
^^^ This! And our politicians glaze over and run like rabbits when the subject is brought up. Disgusting.
I think you need to relearn the definition of prowess. There is no skill to tracking animal with spotlights, vehicles, and shooting them. Good effort though.
