MetisMama has left a new comment on your post A Letter to the Editor/Press Release published in the Edmonton Journal this past week coming from Alberta:
Métis harvesting rights ignored
Last week, Alberta’s Sustainable Resources Development (SRD) Minister Ted Morton announced changes
to subsistence harvesting licences. Essentially, these changes allow any Albertan, who is able to prove they are poor or handicapped, to be eligible for a free hunting licence anywhere in the province. Morton suggests these changes are a "goodwill gesture" to Métis harvesters. Unfortunately, like many government policies developed without the involvement of the affected Aboriginal peoples, Morton’s new policy misses the mark. Métis do not have constitutionally protected harvesting rights because we are poor or handicapped. We have these rights because harvesting is integral to our unique culture as an Aboriginal people. Harvesting has been a historic tradition of our people since before Canada was formed. Our people continue this practice today as a means of sustaining our distinct identity and nurturing our special relationship to the land. This is why our rights are protected in Canada’s constitution.
Based on this constitutional recognition, the Alberta Government has an obligation to accommodate our rights within its fish and wildlife laws.
The Supreme Court has said these accommodations cannot be arbitrary or discretionary. Naturally, since our rights are affected, we must be involved in how these accommodations are arrived at. In order to avoid conflict and costly litigation, partnership and compromise is required on all sides.The Métis Nation has consistently shown its willingness to work collaboratively with the province to arrive at a mutually agreeable accommodation. In September 2004, we signed the Interim Métis Harvesting Agreement, which worked well for over two years. In August 2005, we agreed to renewed negotiations towards a final agreement. In May 2007, we arrived at points of agreement for a final agreement with Guy Boutilier, the Minister for Aboriginal Affairs, who was tasked to lead these renewed negotiations on behalf of the Alberta government. Unfortunately, these joint points of agreement were rejected by Morton and he implemented a unilateral ‘Métis Harvesting Policy’ effective July 1, 2007. As a result, the Métis Nation is defending our harvesters against Alberta’s unconstitutional laws and policies in the courts. The Métis, as taxpayers and citizens of this province, believe in, support and abide by Alberta’s laws. However, on the flip side, Alberta’s laws must accommodate our harvesting rights to be constitutional.
Métis rights have been recognized in Canada’s Constitution for over 25 years now, but our harvesters are still treated like criminals when they are exercising constitutionally protected rights. Challenging Alberta’s laws in court is not our preferred choice, but what other option do we have when negotiated points of agreement are ignored and Métis harvesters are being charged?
Prior to last week, Morton has pushed ahead without any regard to the Métis point of view. However, implicit in his recent announcement, he has acknowledged that his unilateral policy is not working and that a province-wide solution is needed on Métis harvesting. The Métis Nation will never turn away from goodwill, if that goodwill is sincere.
As such, I will be writing to Morton to request a meeting with him. I hope his goodwill will include implementing the points of agreement that are already supported by Boutilier and many members of the Alberta Legislature.
Audrey Poitras, President,
Métis Nation of Alberta
...The provinces just don't get it.