PUBLICATION: Times Colonist (Victoria)
DATE: 2005.04.18
BYLINE: Joel Baglole
VANCOUVER--British Columbia's Metis are calling on the provincial government to enact new legislation after a provincial court ruled for the first time that Metis in B.C. are entitled to the same traditional hunting rights as aboriginals.
Provincial court Judge Hugh C. Stansfield ruled that a Metis man living near the village of Falkland in the North Okanagan region has the right to hunt year-round without a licence in a section of the province that extends along the Brigade Trail from Fort Kamloops, south through the Okanagan Valley to the U.S. border. Stansfield's ruling only applies to this specific area of the province.
The Metis Provincial Council of B.C. has called the court ruling a precedent-setting legal decision that advances the rights of Metis across the province.
Just over four per cent of Canadians -- 1.3 million people, 170,000 in B.C. -- identified themselves in the 2001 national census as members of Canada's aboriginal community. Metis make up about 25 per cent of Canada's aboriginal population. The term Metis is applied to people of mixed European and aboriginal ancestry.
Currently the provincial government does not extend to Metis the traditional hunting rights accorded to aboriginals.
But the B.C. Metis council is calling on the province to enact legislation that gives Metis those rights.
"We are hopeful that this will change the B.C. government's position about Metis rights in this province," said Bruce Dumont, the council's acting president. "We hope now the provincial government will do the right thing and sit down with us to work out how Metis people in this province can exercise their constitutionally entrenched rights."
After the court ruling, the Metis issued a statement saying: "It would be astonishing if Metis in only this area of B.C. could prove hunting rights. More likely there are many areas of B.C. where Metis have harvesting rights, if not throughout the province."
The issue of extending traditional hunting privileges to Metis is a contentious one across Canada.
In a 2003 decision, Canada's Supreme Court ruled that Metis have the right to fish, hunt and trap under the Constitution. In response to that ruling, the Alberta government last fall signed the Metis Interim Harvesting Agreement, which allows Metis in the province to hunt and fish year-round.
Other provinces, however, continue to be more restrictive.
Ontario has reached an agreement with the Metis Nation of Ontario that allows 1,200 Metis to hunt in their traditional territory near Sudbury. Similar negotiations are underway with other Metis groups, but that hasn't stopped the province from laying 180 illegal hunting and fishing charges against people who claim to be Metis.
Saskatchewan, which has allowed Metis to hunt and fish in parts of the province since 1997, recently charged a Metis man with fishing out of season. That case is now before the courts.
In Manitoba, a hunting case involving a Brandon-area Metis man is also before the courts. David Chartrand, president of the Manitoba Metis Federation, has said he wishes other provinces would follow Alberta's lead instead of dragging the issue out in the courts