Page 60 - Chippewas of Rama First Nation

Harvesting Rights
WORDS TO KNOW
pre-Confederation: the period
before Confederation in Canada.
Confederation is the name of
the event in 1867 when Ontario,
Quebec, Nova Scotia, and New
Brunswick joined together
to become a Nation; later,
other provinces and territories
became part of Confederation.
Supreme Court: the highest
most important court in
the country
58 Chippewas of Rama First Nation
ogemawahj_community_book5.indd 58
We have always lived off the bounty found in nature. Harvesting
includes fishing and hunting; gathering wild rice, fruit, and
vegetables; trapping small animals like muskrats and beaver;
and trapping animals that live in the water, such as bullfrogs.
Harvesting is a right given by the Creator, not a treaty. We have
the responsibility of making sure that future supplies remain
through responsible harvesting practices.
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 these rights were continuous.
There are many traditional ceremonies that celebrate the harvest of wild
game, fruits, or vegetables in thanking the Creator for his gifts. We thank
the deer for laying down his life that we may eat. We make a tobacco
offering before the first strawberry is picked. We do these things to
remind us of the gifts we continue to receive from the Creator.
In 1984, the Supreme Court ruled against the Hiawatha First
Nation, declaring that the Williams Treaties extinguished their
harvesting rights flowing from Treaty No. 20. (See page 68 of
the Resources section for more information about numbered
treaties.) The Supreme Court’s judgment was enforced by
Ontario against our First Nation as well. In our opinion, this
right was protected by the Constitution Act of 1982. As part
of the treaty negotiation and court process, the parties
agreed that Williams Treaties did not extinguish pre-existing
treaty harvesting rights in certain pre-Confederation treaties.
Between 1923 and 2018. the Williams Treaties First Nations
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 licence. The fish and wildlife must be for personal use
or for social and ceremonial use of the community.
2019-03-14 8:12 AM