The Right to Hunt

by Kenneth B. Young



Undisplayed
Graphic
The spring hunting camp.
The best eyes to see the geese.

I was born a member of Opaskwayak First Nation, across the river from the Pas, Manitoba, in our homeland -- the Saskatchewan River Delta -- prime wetlands habitat. My Dad taught me to hunt. For a Cree, learning to hunt means many things. It is linked to the cycle of seasons, the network of kin and respect for the land. What I learned was my birthright and the obligations which came with it.

Learning these things as a boy, I was unaware that my dad and I were violating the laws of Canada and contravening an international convention. We took birds in the spring, gathered eggs-things the people of Opaskwayak have done forever. The spring hunts and fresh eggs and all that was associated with things to dream of through a long winter.

Now I am a lawyer and I know that the law is wrong. Hunting is not only our birthright but is a right affirmed in Treaty 5 between our First Nation and Canada. Our rights precede and supercede the Migratory Birds Convention and subsequent legislation and regulations. My Grandfathers knew this was important to their people. In negotiating the Treaty, my Grandfathers were thinking about hunting in the same way that I was taught. Notjust about the taking of a bird, but a way of life.

In 1917, Canada wronged us by presuming to represent us in negotiation of the Migratory Birds Convention. They could not. They did not understand or respect the treaty rights of my people. They did not know what hunting meant. Since then, the homeland of Opaskwayak First Nation has been changed by land reclamation projects, hydroelectric development and a pulp and paper mill. The hunting is not as good as it was.

Treaty Five (1875-1908)
Her Majesty further agrees with Her said Indians, that they, the said Indians, shall have right to pursue their avocations of hunting and fishing through-out the tract surrendered as hereinbefore described, subject to such regulation 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, by Her said Government of the Dominion of Canada, or by any of the subjects thereof duly authorized therefor by the said Government.

After seventy-seven years, Canada is prepared to correct this by amending the Migratory Birds Convention. This is fine. First Nations have fought long and hard to have this injustice corrected. But the issue is not simply one of bag limits and closed seasons. The Migratory Birds Convention has been only one part of a cumulative assault on our birthright. Development impacts now threaten the resources themselves. If we are to protect our rights we must focus on the broader issues of First Nation jurisdiction over land, water and resources management. I'm certain this is what our Grandfathers expected of us.

Kenneth B. Young is Manitoba Vice Chief of the Assembly of First Nations.


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