First Nation Chief says it's Time to Talk Jurisdiction on Harvesting

Serpent River First Nation, Sept. 29 /CNW/ - Serpent River First Nation community members and Council met this week to discuss a number of issues related to their First Nation and their Traditional and Treaty Territory; the Robinson Huron Treaty signed on September 9th 1850.

The topic of the moose harvest came up in the community discussion. Concerns were raised about Ontario and Treaty First Nations not being on the same page about "Inter-Treaty Harvest Rights." Some members felt that it is time to have a Treaty-wide discussion to ensure that the moose harvest is preserved for future generations.

In recent years the Ontario Court of Appeal handed down rulings that verified that First Nations in a Treaty territory had the full and free right to share the harvest with other First Nations as a result of kinship and social connection to other Nations; as they saw fit.

Chief Isadore Day, Wiindawtegowinini, who is also the Lake Huron Regional Grand Chief, says that it's time to get to work on a Treaty-based Harvest Framework that defines, preserves and protects the Treaty Jurisdictional Rights and Responsibilities of Harvesting for Robinson Huron Treaty First Nations. "The time to do this work is now, we can no longer wait for Ontario. We must assert our right to manage and our responsibility to uphold our jurisdiction of Hunting and Fishing harvests in the Treaty territory."

Some First Nation communities are currently harvesting and occupying land and water during, after or before "Ontario sanctioned seasons" because that is the right of First Nations to do so. Some First Nation communities are also providing authorization and permits to outside First Nation harvesters. Chief Day says, "We need to have a dialogue among Chiefs on advancing our responsibilities of upholding our treaty jurisdiction. It's more than just the right to hunt; it's our responsibility as First Nation leaders to protect the right to harvest for future generations and those access rights of our own Citizens within our own Treaty territory."

Some leaders are convinced that it is time to start a collective Treaty region-wide discussion on Harvesting so that Crown infringements on inter-treaty harvest rights do not become a competing factor. In some case law, courts have dictated that infringements on First Nation rights are necessary for safety and conservation purposes.

Day says, "The Crown will have its hands full if it intends to infringe on these rights - so it's time for our Chiefs to set the record straight - time to talk harvesting jurisdiction and time to give substance to our sovereign rights as Anishnabe. We must develop Treaty-wide protocols for harvesting that are collective and form the basis for revitalizing our inherent responsibilities to each other as First Nations and to future generations."

Day concludes that "Treaty First Nations will have this high on their agenda this year so that both Government and third-party users of treaty resources are sent a clear message about First Nation's Treaty Jurisdiction. He says that that protocols of respect and communication will ensure the resource is managed effectively and collectively by the Treaty Territory."

For further information:

Marci Becking
705-494-0735