Winnipeg Free Press

Winnipeg Free Press (Newspaper) - January 9, 2009, Winnipeg, Manitoba C m y k Page a3 a provincial court judge dismissed charges against a Metis Hunter thursday handing Manitoba ass Metis people a huge Victory in their bid for constitutional recognition. The decision gives Metis people the right to Hunt without a provincial licence in their traditional areas throughout most of Southern Manitoba and opens the door to province wide land rights that could Impact big development projects. The catalyst for thursdays hotly anticipated decision was will Goodon a Metis Hunter who bagged a Duck in 2004 near the Turtle mountains. He did not have a provincial Hunting licence but had an official harvesting card issued by the Manitoba Metis federation which he said affirmed his aboriginal right to Hunt and trumped provincial rules. Goodon was charged with unlawful Possession of wildlife contrary to the wildlife act. During a drawn out court Case the province argued that Metis Hunting rights in that part of the province ended when Manitoba entered confederation in 1870. But Brandon based provincial court judge John Combs rejected that argument and dismissed the charges. Combs said forcing Goodon to get a provincial Hunting licence violated his constitutional rights and was at Odds with a landmark 2003 supreme court ruling called the Powley decision. The wildlife act contains no reference to Metis people and makes no attempt to accommodate a constitutionally enshrined right wrote Combs. I find that the legislation imposed undue hardship and denies the Metis their preferred Way of exercising the right to Hunt. Combs Laid out a 45,000 Square Kilometre area in Southern Manitoba where Metis people can now Hunt without a provincial licence. Thatus a much bigger area than envisioned by the supreme court in a similar decision in 2003, and it covers More than half of Manitoba ass Metis population. The area runs from Winnipeg South to the american Border West to the Saskatchewan Border and As far North As Russell. Combs noted the staggering resources committed to the Case at a Cost Well beyond the Means of the average accused. He said the supreme court assumed when it made the Powley decision that governments would either negotiate Metis Hunting rights or come up with some Means to address those rights. For whatever reason or reasons this has not occurred to Date in the province of Manitoba said Combs who wondered whats the use of a constitutionally guaranteed right if people cant practice or defend that right. Hunting groups say the decision is fraught with practical problems but at least one expert on aboriginal rights says it gives the Metis much More political clout. University of Manitoba constitutional Law professor Karen Busby said the Case matters because Combs recognized the Metis were Mobile and covered a bigger territory that just a Small settlement or two. The Case could have a Ripple effect on future development in the area. If Hunting rights Are enshrined in southwestern Manitoba then the province has a duty to consult and even compensate Metis people if something like a pipeline project planned for the area harms those rights. This Case is big Busby said. The provinces lawyers said the government already consults with Metis people and compensates them if a development infringes on their Hunting rights in an unreasonable Way. That compensation Isnit usually monetary and thatus not Likely to change with the Goodon Case. Manitoba ass Metis were elated by the decision calling it a huge Victory. Manitoba Metis federation president David Chartrand said the province should never have taken the Case to court and should have instead negotiated an agreement to respect Metis Hunting rights guaranteed by the 2003 supreme court decision. Chartand was aggravated by conservation minister Stan Struthers suggestion during afternoon radio interviews thursday that the rights apply Only in the provinces Southwest Corner. Theress no spirit of co operation there Chartrand said. But Struthers took a conciliatory tone with reporters earlier in the Day saying the province has always been open to negotiations with the emf and looked to the court for a Clear definition of where Hunting rights Laid out by the supreme court might apply in Manitoba. We believe Metis harvesting rights do exist in Manitoba Struthers said. It was a matter of implementing the supreme court decision. Struthers said hers not Likely to Appeal Good ones Case. However he say if he will Amend the wildlife act to recognize Metis rights or adopt the a mfrs harvesting cards As another version of a Hunting licence. All that plus the Issue of extending Metis Hunting rights to other parts of the province will be discussed at meetings next week. The emf has argued that Metis should have Hunting rights province wide even throughout Western Canada. Struthers said the supreme court has made it Clear the rights apply to specific communities Only. But he and the provinces top constitutional lawyer acknowledged that Community can include other Large regions of the province like the area around st. Laurent where Metis have settled and hunted. In the meantime there Are 15 other Metis Hunters facing similar charges under the wildlife act. The Goodon decision will Likely apply to some meaning their charges could be dropped. Manitoba wildlife federation president John Williams whose group represents Hunters and anglers said he has some practical concerns about the decision which could establish a parallel set of Hunting rules governing the same resource. Williams whose organization has worked with the emf on Hunting projects said hers also worried the Goodon decision will signal to some Metis Hunters that its open season on wildlife that they can shoot what they want where they want and As much As they want. Maryagnes. Welch free press. My. Ca with files from the Brandon Sun Capaccio \ Kar pah Chee of noun definition thinly sliced raw meat or fish served with a sauce the food reviewer suggested diners choose the beef Capaccio or steaks at the new restaurant. Word of the Day from Merriam Webster online at wow. Merriam Webster. Com Winter 568 Academy Road pm 487 1681 50 % to 80 % off All Winter Stock must go 2 Days Only Friday january 9th & saturday january 10th Blowout 57% of Winnipeg women read the saturday edition of the Winnipeg free press. Top news Winnipeg free press Friday january 9, 2009 Winnipeg repress. Com a 3 this Isnit about will Goodon. Its about All Metis people Metis Hunter will Goodon whose charge under the wildlife act spawned the court Case we have to take our victories on an Inch by Inch basis throughout our Homeland Metis National Council president Clem chartier the most important aspect of this Case is the unstated. If there Are constitutionally protected Hunting rights then those rights cannot be interfered with including through development projects like pipelines unless the Metis Are consulted with and if necessary appropriately compensated. Given that the protected area is quite Large these implications could be significant. University of Manitoba Law professor Karen Busby the Metis test to Hunt without a licence in the provinces Southwest a Metis person must meet the test set out in a 2003 supreme court ruling known As the Powley decision a test that was Given a Manitoba spin with thursdays provincial court ruling. Provincial judge John Combs already ticked off a lot of the supreme courts checklist. He said theress clearly a historic Community of Metis in southwestern Manitoba and that Community has contemporary members who speak Mic if and can prove their ancestry. To Hunt you need to prove you Are a member of that contemporary rights bearing Community. You need to Call yourself Metis consistently not just As a convenient Way to Hunt for free. You need to prove an ancestral connection to the Metis by tracing your lineage. And you need to be accepted by the Metis Community. The easiest Way to do that is with a membership in the Manitoba Metis federation that requires 10 other Metis to vouch for you. What happened to the Duck it was a ring neck known to be a tasty Duck. Manitoba Metis federation president David Chartrand joked thursday that he was really looking Forward to sampling some of the Duck that Cost the emf $ 500,000 in Legal fees. But he said the Duck has been lost the apparent victim of a busted fridge. Metis bag Hunting right court dismisses mans charge for taking Duck without licence by Mary Agnes Welch web poll vote online at Winnipeg repress. Com do the Metis like status indians and inuit have the right to Hunt without a licence Bruce Bumstead / the Brandon Sun Manitoba Metis federations Ken Leforte left David Chartrand right celebrate with will Goodon after court Victory thursday. A 03_ Jan 09 09. Ind a3 1/ 8/ 09 9 01 33 pm ;