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A recent Supreme Court ruling on indigenous peoples’ hunting rights on the west coast could affect First Nations groups across the country on the Maine-New Brunswick border.
The April 23 ruling found that a Native American has a constitutionally protected right to hunt in British Columbia because of their people’s historical ties to the region.
Richard Lee Desautel, a U.S. citizen, was charged with unlicensed hunting after he shot an elk near Castlegar, BC, but defended his actions on the basis that he had an Aboriginal right through section 35 of the Canadian Constitutional Law.
Now members of the Peskotomuhkati Nation, with parishes in New Brunswick and Maine, claim that their citizens have the same rights they expect the federal government to have.
“We know who we are, and I really didn’t need a Supreme Court to tell myself who I am or who my people are,” said Hugh Akagi, head of Peskotomuhkati, in an interview on Saturday.
The boss said the negotiations would have to address issues such as Canadian fisheries.
“It depends on common sense. It will do justice to our people. It will depend on compliance with contracts, â€he said. “This is the relationship I’m looking for.”
Attorney Paul Williams, who is negotiating for the peskotomuhkati, said the court ruling was clear.
“It’s a nation, everyone is related, and now the Supreme Court has ruled that it is a nation too, to recognize and protect the Canadian Constitution,” he said.
“We must work together quickly and decisively to achieve recognition of all of the country’s fisheries, but at the same time a protective regime that takes precedence over any commercial or food rights.”
Both Williams and Akagi say an agreement was reached three years ago that would allow band members from Maine to hunt elk in New Brunswick. They said they believe it can serve as a template for other agreements.
“Let’s take something successful like this moose hunt and build on it,” said Akagi.
Kevin Bissett, The Canadian Press
Hunting indigenous people
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