Ran into another hunter, boy did he whoops!
- Thread starter Kelly Timoffee
- Start date
- Location
- Prince Albert, Sk
joe, I don't know either!!!!
How did this thread, about someone wearing proper attire for rifle season who obviously made a mistake, morph into a thread about native hunting rights so quickly?
bluegrizz77
CGN Regular
- Location
- Fort Mcmurray T9K2K7
Maybe in Ontario but not in Alberta my wife and kids whom are status Indians can hunt on crown land where legal to do so year round as well as fish, but i hardly think the OP wanted to get into a native rights debate.
- Location
- WMU248 near Edmonton
OK back on topic
So budy was lost, not in the zone he thought he was in, or had a problem reading the regulations
I've run into several guys like that over the years.
I made that mistake before too, in a zone I normally don't hunt in the regulations are that there in no ATV hunting before noon, I mis read the regulations and was hunting on my quad, another hunter told me so we pulled out the regulation book (I always carry one while hunting) and I parked the quad.
till noon
So budy was lost, not in the zone he thought he was in, or had a problem reading the regulations
I've run into several guys like that over the years.
I made that mistake before too, in a zone I normally don't hunt in the regulations are that there in no ATV hunting before noon, I mis read the regulations and was hunting on my quad, another hunter told me so we pulled out the regulation book (I always carry one while hunting) and I parked the quad.
till noon
They enjoy the same rights to hunt on Crown land as the rest of us. But treaties give them some land from which we are excluded (unless of course, the band with treaty rights to a particular piece of land gives you permission.) If you are particularly interested in the natives' hunting rights, start by reading the treaties and then the hunting regulations. But some of it may take lawyers to figure out.
Relating to topic, whether its treaty lands, wildlife management zones, municipal boundaries, private property, there's plenty of ways to be hunting in the wrong place accidently.
I hunt southern ontario during muzzleloading only season. In the last 3 years I've found 5 guys hunting with no orange and they were carrying thin barrelled bolt action rifles (270 by look of action length) some ppl are just born idiots
bearkilr
CGN Ultra frequent flyer
- Location
- Nowhere, ......just past the middle
You need to do a lot of research before posting BS. I'm referring to Mb and Sk and I'm not wrong.
Everyone makes mistakes...I went out bird hunting a couple weeks ago up in WMU57, and I knew there was no Deer or Moose season open, so I only wore an orange cap on myself and my boy. After a morning of hunting, we ran into some other hunters, dressed in all orange carrying rifles. We stopped and chatted with them, and I asked what they were hunting....I had forgot about the Elk hunt...lol.
bearkilr
CGN Ultra frequent flyer
- Location
- Nowhere, ......just past the middle
How did this thread, about someone wearing proper attire for rifle season who obviously made a mistake, morph into a thread about native hunting rights so quickly?
These guys could have been perfectly legal in what they were doing. If they were Metis or First Nations, they have similar hunting rights in MB,SK and AB. The fact they were walking,wearing orange and had a Caucasian appearance doesn't mean anything.
So in essence, this thread didn't really "morph" into anything. These guys could have been doing nothing wrong. Just sayin.
- Location
- Prince Albert, Sk
Well since we can't stay on topic, the metis and first nations have different "rights" to hunting and fishing, the metis must apply and get approval for such rights.They can be turned down,You just can't say I am metis and go chasing moose down anywhere you like.
METIS HUNTING AND FISHING RIGHTS IN SASKATCHEWAN
A recent Supreme Court of Canada decision involving Aboriginal rights has resulted in a potential expansion of Metis hunting and fishing rights in Saskatchewan.
"Saskatchewan is well prepared to manage this decision in an orderly manner and we have the tools and processes in place to minimize the potential impact on our fish and wildlife resources," Environment Minister Buckley Belanger said. "Our co-operative relationship with the Metis Nation – Saskatchewan and shared recognition of the need to conserve our fish and wildlife resources will be instrumental in this process."
The decision in the Blais case rejected the notion of universal hunting rights for Metis under the Natural Resource Transfer Agreement. However, in the Powley case the court found that certain Metis people may have an existing Aboriginal right to hunt for food under section 35 of the Constitution Act, 1982. The province is consulting with legal counsel to clarify the application of this decision to Saskatchewan.
Saskatchewan already recognizes that certain Metis people in northern Saskatchewan have Aboriginal rights to hunt and fish for food as a result of the Morin and Daigneault decision in 1996. The Powley decision lays down tests for determining which Metis communities possess Aboriginal rights and who can exercise those rights. It is the responsibility of individual Metis to prove they have the Aboriginal right to hunt and fish for food.
The decision in Powley applies across Canada. The decision does not mean all Metis in Saskatchewan now have Aboriginal hunting and fishing rights. Metis people will need to satisfy conditions set out by the court in order to exercise these rights. Some conditions include long-standing self-identification as a Metis; community acceptance; and membership in a modern Metis community with ties to a historic Metis community. As well the court has indicated that the right is site specific; that is, it can only be exercised within the traditional area of the individual Metis community.
"We will use this decision to guide us in respecting legally-defined Metis rights and ensure their involvement in the orderly recognition of these rights," Belanger said. "Metis people realize and recognize their responsibility to conserve and respect the resources that sustain these rights."
Metis individuals considering whether they have the Aboriginal right to hunt and fish should contact their legal counsel to determine what they will need to prove in order to satisfy the court's conditions before exercising these rights. Metis people may also wish to contact their local conservation officer regarding other hunting and fishing regulations.
The court's direction on who may exercise the right will need to be carefully reviewed so that people who are not entitled to the right do not abuse the decision. The key to ensuring conservation in Saskatchewan while respecting rights will be continuing a working relationship with the Metis Nation - Saskatchewan and Metis communities, First Nations, Saskatchewan Wildlife Federation and other resource user groups working to establish co-operative conservation and enforcement initiatives.
Conservation Officers will apply an interim enforcement protocol when investigating potential Metis hunting and fishing rights cases. Metis people will also need to follow all safety and conservation regulations including those prohibiting use of spotlights for hunting, loaded firearms in a vehicle, discharging firearms from a vehicle, hunting close to occupied buildings and corrals, careless use of a firearm, hunting on game preserves and hunting on private lands without permission. The province will continue to enforce all safety and conservation regulations on Aboriginal and non-Aboriginal people hunting and fishing.
-30-
PROVINCIAL HUNTING AND FISHING LAWS APPLY TO METIS
Saskatchewan Environment and Resource Management (SERM) Minister Lorne
Scott is advising Metis people that they are subject to hunting and
fishing laws and regulations. Metis people hunting or fishing without
a licence, out of season or otherwise violating The Wildlife Act or
The Fisheries Act will be charged and prosecuted under the appropriate
legislation.
"Despite the assertions of the Metis Nation of Saskatchewan
leadership, Provincial wildlife and fishing laws apply to Metis people
and department officials are advising Metis people of the Appeal court
decision and its implications," Scott said. "I expect the Metis will
continue their legitimate efforts to define and clarify their rights
through the court process and in discussions with the Province.
Seeking confrontation or disobeying the law will not help resolve this
issue."
On Thursday May 14, 1998 the Saskatchewan Court of Appeal ruled on the
Grumbo - Metis hunting rights case. The Court allowed the appeal and
has ordered a new Court of Queen's Bench trial for which no date has
been set. The Appeal Court's decision overrules the Court of Queen's
Bench decision, striking down the judgment that gave Metis the same
Aboriginal hunting and fishing rights as Treaty Indians under
paragraph 12 of the Natural Resources Transfer Agreement.
The Province is continuing to study the implications of this
ruling and the application of the 1997 Court of Queen's Bench
ruling on Morin and Daigneault which recognized Metis in
northwestern Saskatchewan have some Aboriginal fishing rights,
under Section 35 of the Constitution Act, 1982.
"While discussions with the Metis leadership on these issues will
continue, it would be unacceptable for the province not to
enforce its laws," Scott said.
-30-
METIS HUNTING AND FISHING RIGHTS IN SASKATCHEWAN
A recent Supreme Court of Canada decision involving Aboriginal rights has resulted in a potential expansion of Metis hunting and fishing rights in Saskatchewan.
"Saskatchewan is well prepared to manage this decision in an orderly manner and we have the tools and processes in place to minimize the potential impact on our fish and wildlife resources," Environment Minister Buckley Belanger said. "Our co-operative relationship with the Metis Nation – Saskatchewan and shared recognition of the need to conserve our fish and wildlife resources will be instrumental in this process."
The decision in the Blais case rejected the notion of universal hunting rights for Metis under the Natural Resource Transfer Agreement. However, in the Powley case the court found that certain Metis people may have an existing Aboriginal right to hunt for food under section 35 of the Constitution Act, 1982. The province is consulting with legal counsel to clarify the application of this decision to Saskatchewan.
Saskatchewan already recognizes that certain Metis people in northern Saskatchewan have Aboriginal rights to hunt and fish for food as a result of the Morin and Daigneault decision in 1996. The Powley decision lays down tests for determining which Metis communities possess Aboriginal rights and who can exercise those rights. It is the responsibility of individual Metis to prove they have the Aboriginal right to hunt and fish for food.
The decision in Powley applies across Canada. The decision does not mean all Metis in Saskatchewan now have Aboriginal hunting and fishing rights. Metis people will need to satisfy conditions set out by the court in order to exercise these rights. Some conditions include long-standing self-identification as a Metis; community acceptance; and membership in a modern Metis community with ties to a historic Metis community. As well the court has indicated that the right is site specific; that is, it can only be exercised within the traditional area of the individual Metis community.
"We will use this decision to guide us in respecting legally-defined Metis rights and ensure their involvement in the orderly recognition of these rights," Belanger said. "Metis people realize and recognize their responsibility to conserve and respect the resources that sustain these rights."
Metis individuals considering whether they have the Aboriginal right to hunt and fish should contact their legal counsel to determine what they will need to prove in order to satisfy the court's conditions before exercising these rights. Metis people may also wish to contact their local conservation officer regarding other hunting and fishing regulations.
The court's direction on who may exercise the right will need to be carefully reviewed so that people who are not entitled to the right do not abuse the decision. The key to ensuring conservation in Saskatchewan while respecting rights will be continuing a working relationship with the Metis Nation - Saskatchewan and Metis communities, First Nations, Saskatchewan Wildlife Federation and other resource user groups working to establish co-operative conservation and enforcement initiatives.
Conservation Officers will apply an interim enforcement protocol when investigating potential Metis hunting and fishing rights cases. Metis people will also need to follow all safety and conservation regulations including those prohibiting use of spotlights for hunting, loaded firearms in a vehicle, discharging firearms from a vehicle, hunting close to occupied buildings and corrals, careless use of a firearm, hunting on game preserves and hunting on private lands without permission. The province will continue to enforce all safety and conservation regulations on Aboriginal and non-Aboriginal people hunting and fishing.
-30-
PROVINCIAL HUNTING AND FISHING LAWS APPLY TO METIS
Saskatchewan Environment and Resource Management (SERM) Minister Lorne
Scott is advising Metis people that they are subject to hunting and
fishing laws and regulations. Metis people hunting or fishing without
a licence, out of season or otherwise violating The Wildlife Act or
The Fisheries Act will be charged and prosecuted under the appropriate
legislation.
"Despite the assertions of the Metis Nation of Saskatchewan
leadership, Provincial wildlife and fishing laws apply to Metis people
and department officials are advising Metis people of the Appeal court
decision and its implications," Scott said. "I expect the Metis will
continue their legitimate efforts to define and clarify their rights
through the court process and in discussions with the Province.
Seeking confrontation or disobeying the law will not help resolve this
issue."
On Thursday May 14, 1998 the Saskatchewan Court of Appeal ruled on the
Grumbo - Metis hunting rights case. The Court allowed the appeal and
has ordered a new Court of Queen's Bench trial for which no date has
been set. The Appeal Court's decision overrules the Court of Queen's
Bench decision, striking down the judgment that gave Metis the same
Aboriginal hunting and fishing rights as Treaty Indians under
paragraph 12 of the Natural Resources Transfer Agreement.
The Province is continuing to study the implications of this
ruling and the application of the 1997 Court of Queen's Bench
ruling on Morin and Daigneault which recognized Metis in
northwestern Saskatchewan have some Aboriginal fishing rights,
under Section 35 of the Constitution Act, 1982.
"While discussions with the Metis leadership on these issues will
continue, it would be unacceptable for the province not to
enforce its laws," Scott said.
-30-
These guys could have been perfectly legal in what they were doing. If they were Metis or First Nations, they have similar hunting rights in MB,SK and AB. The fact they were walking,wearing orange and had a Caucasian appearance doesn't mean anything.
So in essence, this thread didn't really "morph" into anything. These guys could have been doing nothing wrong. Just sayin.
"The decision in Powley applies across Canada"
OK, this is about Metis hunting rights and I had heard some time back about this case and that Ontario would extend this right to metis. But this is about Metis.
I was told, by Quebec Fish and game, that natives and by that I mean status Indians could only hunt and fish at leisure on traditional lands. But that is Quebec.
So, can a status Indian from, say, Nova Scotia, hunt on Crown land in AB,SK, MB,ON outside of season and or without a permit?
OK, this is about Metis hunting rights and I had heard some time back about this case and that Ontario would extend this right to metis. But this is about Metis.
I was told, by Quebec Fish and game, that natives and by that I mean status Indians could only hunt and fish at leisure on traditional lands. But that is Quebec.
So, can a status Indian from, say, Nova Scotia, hunt on Crown land in AB,SK, MB,ON outside of season and or without a permit?
