Hunting, Fishing, Trapping & Gathering

Comments on the Supreme Court's decision which upheld and enforced the treaty right of Tsartlip hunters to hunt safely at night with lights.

Judgment on the right to sell fish under a food fishing license.

Decision on the right to sell fish on a non-commercial basis.

Historical background and submission to Indian Claims Commission (ICC) regarding the loss of 4500 square miles of land by the two First Nations. ICC found breaches of Treaty and other fiduciary obligations and recommended the claim be negotiated under Canada's Specific Claims Policy. French language version. Commissioners include: Harry S. LaForme, Daniel J. Bellegarde, and P. E. James Prentice. [These files were created and compiled by the ICC and provided to the Indigenous Studies Portal in 2009 to make widely available in online format.]

Presented at the 6th Annual Forum on Aboriginal Law, Consultation and Accommodation, February 22-23, Toronto, Ontario. Discusses how duty to consult and accommodate is being affected by recent case law.

Law Thesis (LL.M.)--The University of British Columbia, 1997.

Analysis of a series of cases to illustrate how the line of reasoning varies in decisions that attempt to reconcile Aboriginal rights and the interests of other parties; author examines judges decisions in relation to reconciliation and justification.

Geography and Regional Development Thesis (Ph.D.)--University of Arizona, 2000.

Anthropology and Sociology Thesis (M.A.)--University of British Columbia, 1998.

Geography Thesis (M.A.)--The University of British Columbia, 1996.

Response by author to critical commentary of her paper, Treaty Fishing Rights and the Development of Fisheries Legislation in Ontario: A Primer found in Native Studies Review ( vol.7, no.1, 1991).

Describes whaling practices and the need for protected areas.

Presents an introduction on how climate change will significantly impact First Nations people due to their locations, reliance on the environment, and limited adaptation strategies.

Chapter eight deals with specific problems faced by Indigenous peoples.

Discusses the relevant international law and describes the national law of Australia and Norway.

Conflict Analysis Management Thesis (M.A.)--Royal Roads University, 2001. Conflict about the harvesting of the Pine Mushroom (tricholoma magnivelare) in Nisga'a territory.

Looks at the economic potential of mining, oil and gas projects and the potential harm to the environment and to traditional lifestyles in Aboriginal communities.

Resources and the Environment Thesis (M.Sc.)--The University of Calgary, 1998.

Social Sciences Thesis (M.A.)--University of Denver, 2014.

Discusses the conflict between the State of Maine and the Passamoquoddy people over their inherent right to fish.

Discusses the terms "native" and "indigenous" and their acceptability around the globe.

Reviews revitalization of a holistic approach to conservation and self-determination by examining challenges facing traditional practices.

Researchers assess peer-reviewed research and government gray literature to determine the current level of knowledge regarding the effects of, and conflicts between aircrafts and traditional subsistence harvesters and their communities in Alaska. Findings indicate a data gap that will require cooperation between rural communities, aircraft users, and decision-makers. Supplementary Appendix 1 contains a table of literature search results and bibliography of the relevant literature.

Book reviews of: The View From Officers' Row: Army Perceptions of Western Indians by Sherry L. Smith. Indians of the Northwest Coast by Maximilien Bruggmann and Peter R. Gerber. Oklahoma Seminoles, Medicine, Magic, and Religion by James H. Howard in collaboration with Willie Lena. American Indian Identities: Today's Changing Perspectives edited by Clifford E. Trafzer. Oil Age Eskimos by Joseph G. Jorgensen. The Western Abenakis of Vermont, 1600-1800: War, Migration, and the Survival of an Indian People by Colin G.

Book reviews of: American Indians in U.S. History by Roger L. Nichols. Blanket Weaving in the Southwest by Joe Ben Wheat. Captors and Captives: The 1704 French and Indian Raid on Deerfield by Evan Haefeli and Kevin Sweeney. “The Cherokee Night” and Other Plays by Lynn Riggs. Creek Country: The Creek Indians and Their World by Robbie Ethridge. Enduring Legacies: Native American Treaties and Contemporary Controversies edited by Bruce E. Johansen. Hermanitos Comanchitos: Indo-Hispano Rituals of Captivity and Redemption by Enrique R.

Looks at proposed statute in Northern Europe regarding unenclosed land resources with focus on Norwegian Finnmark Act.

Discusses findings and implications arising from Supreme Court of Canada decision regarding fishing for and selling eels by Donald Marshall, who Treaty argued it was a Treaty right.

Law Thesis (LL.M.)--Arctic University of Norway, 2015.

Examines how efforts to manage global salmon resources reinforce the concept of nation-state sovereignty.

Discusses methodology used and initial findings from land use and occupancy study undertaken by the Whitefish Lake First Nation. Entire issue on one pdf. To access article scroll to p. 59.

Book review of: The Manager's Tale by Hugh Mackay Ross.

Mrs. Tourongau, aged 67, describes the promises made in Treaty 8, and the way in which they were subsequently broken.

A rambling conversation that deals with her various neighbors.

RCAP 152 contains a transcript of a portion of a sitting of the Royal Commission on Aboriginal Peoples at Vancouver, British Columbia. This portion includes presentations of individuals and groups dealing with various topics concerning health care systems and services; fishing rights; fire fighting in the Aboriginal Community; cultural advancement through writing and issues surrounding special needs citizens in the Aboriginal Community. Questions from the assembled Commissioners follow each presentation which can be viewed individually on this site.

The file contains an individual presentation by Alex Morin, a concerned fisherman, discussing the Aboriginal fishery on Great Slave Lake, and his personal struggle for Metis and general Aboriginal fishing rights.

File contains an individual presentation by Andrew Rickard that covers a number of topics, including extinction of Aboriginal languages, self-government, natural resources rights and the lack of Aboriginals in mainstream jobs. A lengthy question-and-answer session with the Commissioners follows the presentation.

File contains an indivdual presentation by Irene Neeposh, a trapper, expressing personal dissatisfaction with government restrictions on Income Security and the use of wood for shelters and campfires. She calls on the Commission to ensure that her way of life on the trapline will not be phased out of existence with more government restrictions.

File contains a presentation by Andy Von Busse, Alberta Fish and Game Association. Von Busse discusses conservation issues in Alberta, specifically with regards to Aboriginal utilization of wildlife. Following the presentation is a discussion between Von Busse regarding Treaty rights to hunt, and jurisdictional questions with regard to wildlife management and land usage.

File contains a presentation by Buddy Napoleon. Napoleon presents a history of Aboriginal peoples from a legal perspective from early colonization up until the present day in the Treaty Eight area. Napoleon then makes a series of policy recommendations to the Commission to rectify his concerns with government actions in the area. Following Napoleon's presentation, Napoleon and previous presenter Chief Berni Metecheah field questions from Commissioner Georges Erasmus related to issues facing the Halfway River First Nation.

File contains a presentation by Calvin Francis, Gander Bay Indian Band. Francis discusses a variety of issues including hunting and fishing rights, relations with the federal and provincial governments, and the history of the Band which was formally incorporated in 1970. Following Francis' presentation is a discussion between him and Commissioners Robinson, Erasmus and Jeddore on some of the issues facing the Band.

File contains a presentation by Elder Catherine Cooper believing the Elder Council and the Youth Council should work together to ensure the youth learn about their culture and history. She briefly discusses health care problems and hunting and fishing rights.

File contains a presentation by Chief Andrew Thomas addressing the toxic waste located on the Esquimalt Reserve and asking why it are no toxic waste disposal facilities in all of British Columbia. Thomas is also chairman of the Land Claims Committee for the First Nations of South Island, British Columbia. He reads briefly from a report from that committee documenting the history of the Douglas Treaties and states that the Fisheries Act trumps all fishing rights negotiated during the Douglas Treaties signings.

File contains a presentation by George Saddleman. Saddleman welcomes the Commission on behalf of the Nicola Valley Tribal Council, then proceeds to give an organizational breakdown of the organization and discuss its institutional history. Saddleman discusses issues facing the Tribal Council's members such as water rights, fishing and hunting rights, and land claims. Following the presentation Commissioners Dussault and Chartrand thank Saddleman for his presentation.

File contains a presentation by John Turner. Turner presents on behalf of the Mushkegowuk Traditional Harvesters. Turner outlines three reasons why it is becoming increasingly difficult to make a living off the land: the activities of animal rights groups who oppose trapping, the activities of sport hunting groups who oppose subsistence rights to hunt, and the development of hydroelectric projects which negatively impact habitat. Turner then goes on to discuss how Aboriginal people have increasingly adopted European values and look with disdain upon trapping as a career choice.

File contains a presentation by Max "One-Onti" Gros-Louis, Former Grand Chief of the Huron-Wendat Nation. He discusses his own personal history, and the history of his people with reference to Aboriginal rights, constitutions, and ill treatment by the federal and provincial governments. Gros-Louis discusses the dispossession of Huron lands and harassment of traditional resource harvesters by government officials. Following his presentation the Commissioners make some comments.

File contains a presentation by Mike Gallant, Native Council of PEI. Gallant discusses the Aboriginal right to hunt and fish as it applies to off-reserve people. Gallant states that the Royal Proclamation of 1763 and Micmac Treaty of 1752 do not distinguish between on and off-reserve Indians and that therefore such distinctions are irrelevant to inherent Aboriginal rights. Following the presentation Gallant discusses some of the issues raised with the assembled Commissioners.

File contains a presentation by Patrick Polchies. Polchies is a member of the Kingsclear First Nation, and voices his views on a variety of topics including the inherent right to self-governance, the importance of Aboriginal inclusion in the Constitutional process, questions about accountability in Aboriginal governance, fishing rights, the Cultural Properties Act, and religious artifacts. Following the presentation is a brief discussion between Commissioners Rene Dussault, Mary Sillet, and the presenter followed by the end of the Commission's session for the day.

File contains a presentation by Paul Dixon stating that the Canadian government has destroyed "most of the hunting societies that have existed since time immemorial." Traplines are being destroyed as forestry operations are wiping out animals' shelter and vegetation for safety of their lives. The cyclical movements of animals and the mating pathways are greatly damaged and Dixon states that innumerable animal and plant species are endangered. He calls on the Commission to help stop the destruction of animals and plants used by trappers for survival.