Page 60 - Mississaugas of Scugog Island First Nation

There are many traditional
Harvesting Rights
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
D and D Photo Sudbury/Shutterstock
do these things to remind us of
the gifts we continue to receive
from the Creator.

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.

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
WORDS TO KNOW treaties.) The Supreme Court’s judgment was enforced by
pre-Confederation: the period Ontario against our First Nation as well. In our opinion, this
before Confederation in Canada; right was protected by the Constitution Act of 1982. As part
Confederation is the name of
of the treaty negotiation and court process, the parties
the event in 1867 when Ontario,
Québec, Nova Scotia, and New agreed that Williams Treaties did not extinguish pre-existing
Brunswick joined together
treaty harvesting rights in certain pre-Confederation treaties.
to become a nation; later,
Between 1923 and 2018, the Williams Treaties First Nations
other provinces and territories
became part of Confederation were prevented from exercising harvesting rights. In 2018, the
Supreme Court: the highest Williams Treaties settlement agreement finally recognized
most important court in
constitutionally protected pre-Confederation harvesting rights.
the country
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.

58 Mississaugas of Scugog Island First Nation

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