New trial begins April 14 in Meadow Lake to determine Métis hunting rights

“The trial judge found they were Métis but the community of which they were identified as being from – that is the historic community of Northwest Saskatchewan – that the traditional territory of that community did not extend as far south as Chitek Lake and Alcott Creek [where they were hunting],” said Hodgson-Smith, who will be trying the case with co-lead Clem Chartier, K.C.

“So, while they were Métis, they were hunting outside of their territory, that’s what the judge found.”

Following a failed appeal to the Court of Kings Bench, they appealed to the Court of Appeal and in May, 2022, they released their decision.

“[They] found that there had been errors of law and sent the matter back for a new trial,” she said.

When the court overturned the trial decision, Hodgson-Smith explained the court “essentially said, ‘No, that’s not how you apply the law, they have a right to say who is their historic community and bring evidence of who that community is.’”

From there, the legal test asks the questions: are they Métis, are they an ancestor of that community and are they hunting in the territory where their community hunted, while also “addressing the date of effective European control.”

The first part of the trial, will take place over three weeks from April. 14 to May. 2 to hear from roughly 30 to 35 witnesses from around the province, who will speak about their traditional lifestyles as Métis people.

The crown prosecutor for the trial is James Fyfe.

“Part of our argument is that by kinship, they’re related – that’s one way that you can see the Métis are a people and a single community because they’re all related to each other,” said Hodgson-Smith.

This case isn’t unique. There have been other similar ones filed and there are currently cases in Spiritwood and Pinehouse.

“The real issue here is ‘What rights do the Métis have where and do they have a right of mobility around that area’ or are they somehow tied to their current residence?”

Section 35 of the Constitution Act, 1982 states: “Aboriginal peoples of Canada” includes the Indian, Inuit and Métis peoples of Canada.”

As such, if the court finds that the Métis have rights to hunt, fish, gather and trap for food across the province as this is part of the territory of the historic people, then those laws requiring licenses wouldn’t be applicable.

The lawyer said that previous courts have ruled certain areas within Saskatchewan such as Fort Qu’Appelle, Regina, Meadow Lake, Green Lake and Northwest Saskatchewan have Sec. 35 rights – it’s the spaces in between those communities that are unclear.

“The courts have not ruled and that’s what we’re going for: We’re asking the court to allow us to make the claim for all of the province or a good portion of it,” she said.

In preparation for the trial’s beginning, the lawyers and their clients will hold a press conference in Saskatoon on April. 10 at Procido LLP.

“It is a test case, that the crown and defense have agreed these three men, these tickets, we’re going to use those three tickets to go before the court and find out whether the Metis have a Sec. 35 right in the rest of the province.

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julia.lovettsquires@pattisonmedia.com

On BlueSky: juleslovett.bsky.social

by Julia Lovett-Squires

New trial begins April 14 in Meadow Lake to determine Métis hunting rights

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