Page 59 - Beausoleil First Nation

Harvesting Rights
In the treaties written years ago, we were given rights to hunt,
trap, gather, and fish in our traditional lands. Elders say that the
treaties have not changed and that these rights were continuous.
Fishing rights in our community have been a particularly important
issue because some of our people operate a commercial fishery
and many of our people depend on fish for food.

In 1984, the Supreme Court ruled against the Hiawatha First
WORDS TO KNOW
Nation, declaring that the Williams Treaties extinguished their
pre-Confederation: the period
harvesting rights flowing from Treaty No. 20. (See page 68 of
before Confederation in Canada.
the Resources section for more information about numbered Confederation is the name of
treaties.) The Supreme Court’s judgment was enforced by the event in 1867 when Ontario,
Quebec, Nova Scotia, and New
Ontario against our First Nation as well. In our opinion, this
Brunswick joined together
right was protected by the Constitution Act of 1982. As part to become a Nation; later,
of the treaty negotiation and court process, the parties other provinces and territories
became part of Confederation.
agreed that Williams Treaties did not extinguish pre-existing
Supreme Court: the highest
treaty harvesting rights in certain pre-Confederation treaties.
most important court in
Between 1923 and 2018, the Williams Treaties First Nations the country
were prevented from exercising harvesting rights. In 2018, the
Williams Treaties settlement agreement finally recognized
constitutionally protected pre-Confederation harvesting rights!

In a court case in 2012, Ontario and Canada finally recognized
the pre-Confederation treaty rights of First Nations who signed
the Williams Treaties to hunt and fish in their traditional territory
without a license. The fish and wildlife must be for personal use
or for social and ceremonial use of the community.

Chief Rod Monague gill net fishing
in Georgian Bay, circa 1969

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