THE HUNTING RIGHTS OF INDIAN PEOPLE IN MANITOBA: AN HISTORICAL OVERVIEW AND A CONTEMPORARY EXPLICATION TOWARD ENHANCED CONSERVATION THROUGH JOINT MANAGEMENT

Abstract

Hunting, fishing, gathering and trapping were the industries of the aboriginal societies of North America. The British Government recognized these rights, at the time of re-settlement of North America. The right to hunt and fish was later enshrined in treaty and Acts of Parliament, including the Canadian Constitution Act, 1982. the provisions of Canadian law are such that conventional wildlife management practice (i.e. harvest restrictions) can only be partially effected in managing wildlife populations which are hunted by Indian people in Manitoba. Co-operative wildlife management is a venture based on a trust relationship between an Indian Band, usually represented by Chief and Council and staff of the Wildlife Branch. Both parties benefit from such agreements without associated cost or sacrifice. Indian rights to hunt are not compromised: on the contrary, the agreements serve to enhance those rights, through the production of more game. The agreements are statements of goodwill and have no force in law. Joint management agreements would provide for investment of decision making authority with Indian people in recognition of hunting rights and enhanced conservation on the landscape.