Rules for hunting with status natives?

[BigUglyMan]

I am a full j treaty status Indian and i could not even buy tags in sask without passing the safe hunters course here.

I worked with a guy from Northern Sask who was Status but he could not get a General Hunting License in the Northwest Territories (GHL is the NWT version of a hunting license for Status/Inuit). Something to do with where he was from and where in the NWT we were. I guess it's hard to justify Cree getting a GHL to hunt on Tlicho or Gwich'in land.

 

[hoytcanon]

I worked with a guy from Northern Sask who was Status but he could not get a General Hunting License in the Northwest Territories (GHL is the NWT version of a hunting license for Status/Inuit). Something to do with where he was from and where in the NWT we were. I guess it's hard to justify Cree getting a GHL to hunt on Tlicho or Gwich'in land.

It is called a "treaty area"... the region of traditional harvest for that particular band, that is clearly described.... their status rights within their treaty respective treaty area are only limited by the regulations of their band council... if they want to hunt in another treaty area, they are supposed to make a request with the band council governing the area they wish to hunt.

Yes, of course to "buy tags" (for those above questioning) you must possess the appropriate licence with the regulatory body (province) in which you are hunting, whether native or non-native.

The definition of hunting (in Ontario) is;

HUNTING;
Includes lying in wait for, searching for, being on the trail of, pursuing, chasing or shooting at wildlife, whether or not the wildlife is killed, injured, captured or harassed. You need a hunting licence to do any of these things, except where the Fish and Wildlife Conservation Act, 1997, states otherwise.

Technically, you must be licensed to pursue the above activities... but obviously this is an area where discretion is applied. What this means is... except for specific exceptions (underaged youth, heritage days etc...) you cannot simply invite along an unlicensed person to join your hunt and have them participate in the above activities. Many years ago we had a partner that was not licensed and had no interest in hunting, but he loved being in the bush and he loved cooking... he enjoyed the roll of camp cook and he took very good care of us... but he did not participate in any hunting practices... after the hunt, he received a full share of the meat, but had to be in possession of a letter, outlining the species, area it was harvested, name of the hunter who harvested the animal, the tag number under which the animal was harvested and a statement from the licensed hunter indicating that the meat was being transferred to the unlicensed person... and that letter had to be in his possession as long as the meat was.

 

[tylerjwitty]

So a photographer or wildlife researcher is a hunter? Wow that would make alot of torontains mad to find out they are a hunter

 

[hoytcanon]

So a photographer or wildlife researcher is a hunter? Wow that would make alot of torontains mad to find out they are a hunter

Yes, they technically are... but that is where the "discretion" comes in.

 

[Boomer]

What I was told was that a non-treaty could accompany a treaty hunter as an observer only, but could not take part in any part of the hunt, although he often gave non-treaty "early Canadians" a pass, if they were just doing what they had always done. The COs that came later might have had differing opinion, but that's how a pal if mine enforced it here in the '90s.

 

[nw mb]

You can hunt with your BIL, but he must abide by his treaty rights and you must abide by your provincial hunting regulations... here is the kicker (and be sure that you do not breach this... it is where most charges are laid)... if your BIL harvests an animal utilizing his treaty rights, you CANNOT assist him in any way with the harvest or recovery or processing of the animal and cannot receive the meat into your possession... if your BIL is OUT of his treaty area in hunting with you and you harvest a game animal under provincial regulation, your BIL CANNOT assist you with the harvest, recovery or processing of the animal... and cannot receive the meat outside of his treaty area... unless he possesses a valid hunting licence for the game species and area being hunted.

...yes i was told this by my local CO's this fall ...have a metis friend who wants to hunt ducks with me ...i have to abide by my license and he by his rights ...no helping one another ...i asked about about using my retriever out of the boat to retrieve his birds ...i was told that then the dog might go to jail! (they said it wouldn't be an issue...still makes me nervous just thinking about it)

 

[captonion]

Been hunting/fishing with natives, and non as long as I can recall... Been checked by CO's many times over the years without issue, even about non native helping native retrieve moose..No issue!

 

[hoytcanon]

Been hunting/fishing with natives, and non as long as I can recall... Been checked by CO's many times over the years without issue, even about non native helping native retrieve moose..No issue!

Well you were lucky... because it is against the law. There was a case that took place north of Masse, Ontario where a group of native hunters shot a cow, bull and calf... but they were three miles down a skidder road... they walked out of the bush and hired a skidder operator (a non-native) to go in and retrieve the moose... when they got to the main road there were C.O's waiting and they charged the skidder operator and impounded his skidder and confiscated the moose... in the subsequent court case, the moose were returned to the native hunters, the skidder was returned to the operator, but the charges against him were upheld and he paid a stiff fine and suffered a one year hunting suspension...

 

[AP]

but the charges against him were upheld and he paid a stiff fine and suffered a one year hunting suspension...

I assume you mean Massey Ontario ... also would it be correct to assume that the skidder operator presented his hunting license? If he hadn't I wonder if there would have been a different outcome? For example .. if he were a "non-hunter" hired by several native hunters to provide and operate equipment to assist in the recovery of game? I would be surprised if a charge would be laid let alone upheld.

Suppose a non-native float plane pilot/operator (who happened to also be a licensed hunter) was bringing game back with and/or for a group of native hunters who had been up at Summer Beaver? Would they have impounded the aircraft and fined the pilot? ... sounds odd to me. I suspect that the skidder operator was more "engaged" in the hunt than we are informed.

 

[saskboy]

Ok well I think I have it cleared up now. I cannot in any way shape or form hunt with him when he is subsistance hunting, until after the kill, I can help him retrieve the game only. Non status family members (father, grandma,mother, etc...) can assist with hunt only (no shooting of the animals) if they get the permit. I can hunt with him if he buys a tag and we are in a proper rifle season. Complicated but summed up now.

 

[Whitty]

Here in SW Ontairo permits are given out to non natives to hunt on crown land(i think like 40 bucks),crown land that was set aside for us natives to hunt on. We have the right to ask a non native to leave the area if we plan on hunting in the same area. (a.k.a interfearing with our hunt) I know this because it happened to us a few years ago the guy got all mad said we were poaching using high powered rifles ect...called MNR n OPP when they got there and seen we were all status natives he was asked to leave. (our hunt was still ruined) Think were d**ks or its not fair, it is our right and your privilege. It is in our treaty and we have to fight for it every day. My rant over

 

[tylerjwitty]

^ i would be mad too . We are all native to this land ... Heck with it not worth the time to rant..