Page 59 - Georgina Island

Harvesting Rights WORDS TO KNOW
pre-Confederation: the period
In the treaties written years ago, we were given rights to
before Confederation in Canada.
hunt, trap, gather, and fish in our traditional lands. Elders say Confederation is the name of the
that the treaties have not changed and that these rights event in 1867 when Ontario, Quebec,
Nova Scotia, and New Brunswick
were continuous. Fishing rights in our community have been a
joined together to become a Nation;
particularly important issue because many of our people depend later, other provinces and territories
on the fish for food. became part of Confederation.
Supreme Court: the highest most
In 1984, the Supreme Court ruled against the Hiawatha First important court in the country
Nation, declaring that the Williams Treaties extinguished their
harvesting rights flowing from Treaty No. 20. (See page 67 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
Our members fish during the
Williams Treaties settlement agreement finally recognized summer and winter.
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.

Byron and Sheila Trumble clean
a deer that Sheila shot earlier on
the Island.

Georgina Island First Nation 57

ogemawahj_community_book1.indd 57 2019-02-27 10:33 AM