The spirit, and the language, of a deal

As Canada and Manitoba move forward in the reconciliation process with Indigenous Peoples, some problems will be difficult to solve. Others, however, will not. Read this article for free: Already have an account? To continue reading, please subscribe: * As Canada and Manitoba move forward in the reconciliation process with Indigenous Peoples, some problems will be difficult to solve.

Others, however, will not. Read unlimited articles for free today: Already have an account? Opinion As Canada and Manitoba move forward in the reconciliation process with Indigenous Peoples, some problems will be difficult to solve. Others, however, will not.



In the case of one Manitoba First Nation’s efforts to control hunting rights within its territory, the answer is pretty simple. That makes it all the more frustrating to see it still turn an ongoing back-and-forth between the province and First Nation anyway. Pimicikamak Okimawin has filed an injuction in court, citing its rights under Treaty 5, as well as the Northern Flood Agreement, to prioritize the community’s needs when it comes to hunting.

It seeks to cancel moose tags issued by the province last month for hunting on their lands. File A moose near Brandon last year. In terms of reconciliation, acknowledging and respecting treaty rights is important.

Indeed, both agreements cited by Pimicikamak Okimawin put it all there in black and white. Treaty 5 states that Indigenous Peoples “..

. shall have right to pursue their avocations of hunting and fishing throughout the tract surrendered as hereinbefore described, subject to such regulations as may from time to time be made by Her Government of Her Dominion of Canada, and saving and excepting such tracts as may from time to time be required or taken up for settlement, mining, lumbering or other purposes.” The Northern Flood Agreement, meanwhile, states: “Manitoba has encouraged and will continue to encourage the residents of Reserves to achieve the maximum degree of self sustenance in food supplies and to maximize the opportunity to earn income and income-in-kind from the wildlife resources and will therefore prohibit hunting, trapping, and fishing in the Resource Area by any non-resident of the Reserve who does not have a present right at law to carry on these activities in the Resource Area,” though the agreement goes on to state that an overabundance of species may allow for hunting by non-residents.

The province must also seek the permission of the First Nation in order to issue hunting licences or permits for the area. Monday mornings The latest local business news and a lookahead to the coming week. So per these two documents, the people of Pimicikamak have priority for hunting on that land, and others may only hunt under certain exceptions.

Chief David Monias now claims the Crown has broken its promises. Natural Resources Minister Jamie Moses, meanwhile, seemed to give a less-than-precise response to Monias’s concerns. As the reported on Aug.

26: “...

He (Monias) said he received a call from Natural Resources Minister Jamie Moses Friday suggesting that the province may not issue any moose tags to non-Indigenous hunters on Pimicikamak land next year.” It should not be for the province to decide whether or not it will issue the tags — it should be up to the First Nation to tell the province it may do so. Pimicikamak, Monias said, has seen the moose population decline.

It is perfectly reasonable for him to want his people to be the sole hunters on the land. Despite this, challenges to Pimicikamak’s rights have emerged, including from the Manitoba Wildflife Federation, an advocacy group which earlier this month went to court over the province’s decision to reduce the number of moose tags issued to non-Indigenous hunters for the upcoming season. Sovereignty is sovereignty.

On this particular front, reconciliation is doomed to fail if the province, or the Crown, or other parties continue to seek caveats and compromises in order to do what they want regardless of the wishes of a First Nation. In the case of Pimicikamak, it’s clear as day. They have the right to restrict hunting on their land.

They see the moose population declining, so they want to. What they say, should go — period. Advertisement Advertisement.