Chiefs and Delegates from the Robinson Huron Treaty region met in Garden River First Nation on March 23-24 to discuss Inter-Treaty Harvest rights.
On the first day, the Union of Ontario Indians (UOI) and the Ontario Ministry of Natural Resources (MNR) presented on a long-overdue issue; Inter-Treaty Harvest rights of the Anishinabek. The MNR role in having this discussion was clear - to place the matter of moose management and Inter-Treaty Harvesting rights before the Robinson Huron Treaty Region Chiefs and delegates. On the second day the Chiefs and Delegates convened the meeting to discuss an approach that will advance Anishinabek jurisdiction.
In 2007 the Ontario Court of Appeal made two rulings that would once again clear the way forward to ensure that First Nation rights are formally recognized in their respective territories. Since that time, First Nations are exercising their acknowledged authorities, but it is unclear how far others understand those authorities. Chiefs however are clear; “the Ontario Ministry of Natural Resources must recognize Anishinabek jurisdiction.”
First Nation leaders and their Elders say that the Ontario Ministry of Natural Resources have been given far too much time with an interim approach to the rulings. Chiefs are now more determined than ever; “a Ministry of Natural Resource process will not be accepted. We must establish our own Inter-Treaty Harvest Framework.”
The Ontario Court of Appeal ruled that the First Nation right to harvest moose and have that right sheltered in another Treaty territory is an unextinguished right. One of those rulings was R versus Meshake – recognizing the kinship right to harvest inside another’s treaty territory. The other significant ruling was in R versus Shipman; the court struck down the First Nation argument, only because evidence of permission was not provided when MNR officials questioned the First Nation harvester during the hunt. In this ruling against, it was seen as a victory for First Nations because the courts only concern was that permission could not be proven at that particular time. The rights to be ‘sheltered’ in another treaty territory, and to acquire the permission to harvest by the Anishinabek were clearly significant rulings recognizing Anishinabek jurisdiction.
Lake Huron Regional Grand Chief Isadore Day, Wiindawtegowinini said, “Our meeting has been in the works for several months. It was important for Anishinabek to gather and provide input as to how we move forward. A presentation from the Ministry of Natural Resources helped establish dialogue, despite the fact that it was tough discussion.”
Chiefs and their experts will now consult their Citizens in months ahead to ensure that whatever approach is considered, it will be provided through engagement with those who hold priority use over the resources – the Robinson Huron Treaty Citizens.
Day says, “It was a good step toward solutions when the Ministry of Natural Resources as a Crown representative, finally stood in front of our assembly and declared that it was now up to the Anishnabek to determine the process moving forward and that the MNR has no right to determine that process.”
Chiefs not only stand firm on the right as it was written in the Robinson Huron Treaty of 1850, they sternly assert that those rights existed prior to the treaty and were never meant to be confined by provincial policy; those rights must be recognized and honored in perpetuity as an inherent right.
In conclusion, Chief Day states, “The Chiefs and their Citizens will now provide us direction on a meaningful framework that ensures Anishinabek rights are interpreted by other users through adhering and respecting Anishinabek law and the jurisdiction of their respective territories.”
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Chief Isadore Day, Wiindawtegowinini
Serpent River First Nation
Lake Huron Region Grand Chief
iday.srfn@ontera.net
1-705-844-2418
1-705-844-1865
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