After 79 years of being against the law, the spring goose hunt is now legal again.
This is according to recent amendments to the Migratory Birds Convention. The amendments finally recognize Native peoples’ right to hunt at any time during the year according to their Aboriginal and treaty rights.
But the negotiations on the amendments have left many Cree leaders angered and skeptical, particularly because of one amendment which totally ignores traditional Native conservation practises.
“Our people have traditional conservation laws that exist and we use them,” said Attawapiskat First Nation Chief Ignace Gull. “The negotiators didn’t want to be bothered with us. They’d rather talk to a scientist and not get our side of the traditional knowledge of our Elders.”
“It’s disappointing,” said Roseanne Archibald, Chair of the Mushkegowuk Council, commenting on the amendments.
She said that even though the amendments recognize Aboriginal and treaty rights, they still leave migratory birds and the right to hunt at the mercy of conservation measures created by provincial governments.
Because Aboriginal conservation laws have not been recognized, the right to hunt remains in jeopardy, Archibald said.
The amendments to the Convention say hunting must be guided by conservation principles which include monitoring, regulation, enforcement and compliance with government conservation measures.
“The changes limited the right again. It says people agree with conservation regimes. But our people had our own conservation which is not recognized by the Convention, the federal or provincial governments,” said Archibald.
The Migratory Birds Convention was originally signed in 1916 between the U.S. and Great Britain (signing for Canada). It banned the spring hunt and established hunting seasons in an effort to protect migratory birds, including waterfowl.
Canada and the U.S. agreed to the new amendments on May 8. The changes include recognition of section 35 of the Canadian Constitution which affirms Aboriginal and treaty rights, and also provide legal basis for Native people in Alaska to hunt.
According to Chief Gull, the biggest problem in the negotiations has been lack of Native involvement.
“These changes were done behind closed doors without First Nations people being informed or consulted,” said Chief Gull.
In past years, Chief Gull said the Ontario Ministry of Natural Resources has used the Convention to charge Native hunters for hunting out of season.
“We have to work together. Not the way it is now, where other people decide what to do in our own traditional territory,” he said. “But I don’t think we will see any difference. We will keep on hunting as we did for many years.”
Other changes to the Convention include giving non-Aboriginal residents of First Nations communities the same right to hunt as Native people.
The amendments still have to be ratified by the Canadian and U.S. governments before they come into law and a legal hunt can occur.
