Treaty Right to Hunt
On March 28, 2009, a proposal to extend the amnesty for an additional year for individuals who were taking steps to comply with the law was published in the Canada Gazette. Extending the amnesty would allow more time to inform firearm owners about what they were required to do. The amnesty for certain owners of non-restricted rifles and shotguns has been extended until May 16, 2011. During the amnesty, individuals who are taking steps to bring themselves into compliance may not incur criminal liability for unauthorized possession of a non-restricted firearm under section 91 or 92 of the Criminal Code. Affected firearm owners must comply with the licensing and registration requirements of the Firearms Act or lawfully dispose of their firearms by the amnesty deadline. There is also a time-limited opportunity for certain eligible individuals who have an expired Possession-Only License (POL) to apply for a new POL.
The Trespass to Property Act
The Provincial Government passed trespassing legislation on May 1, 2009, which makes it an offence to enter onto posted or enclosed lands or premises (privately owned lands) without the consent of the occupier. Concerns with this legislation include: further limitations to First Nations’ being able to exercise their hunting, fishing and trapping rights; the lack of recognition of, or protection for, gathering activities; the potential violation of an individual’s right to protest or demonstrate; and no direct consultation occurred with First Nations prior to the Bill’s enactment.
The Lands and Resource Commission adopted a motion opposing the legislation and correspondence has been sent to the Minister conveying First Nations’ opposition and concerns related to the lack of consultation, and to First Nations notifying them of the legislation and asking that any First Nation individual charged pursuant to this Act notify the Secretariat so that the charges can be monitored and assistance provided, if requested.
Outfitting Strategy
The Secretariat is currently undertaking the development of a First Nations Outfitters Association and the development of a long-term strategy. If any First Nation has concerns or issues with the current short-term arrangement please contact the Lands and Resources Secretariat.