Harvesting Rights

Notice: Powerline Construction in Fort McMurray

Construction on the ATCO/Alberta Powerline West Fort McMurray 500 kV project is scheduled to begin on September 25 2017, in various locations between Highway 2 and Martin Hills Road (Townships 72 to 75). Vegetation removal will begin first, followed by foundation installations, tower assembly, and stringing. Following completion of construction, reclamation work will begin. Initial construction work is scheduled to be complete by March 2018.

For safety reasons, traditional land use activities including harvesting will be restricted in and around the immediate areas of active construction.

For more information please contact Bruce Gladue.

bgladue@metis.org

(780) 455 2200 ext. 206

Click here to view the construction rout map.

 

Helpful Links

As hunting season approaches, the MNA is taking measures to ensure Harvesters have access to useful information. 

In May of this year, the MNA released a memo on Chronic Wasting Disease (CWD) and its potential to be transferred to humans. To date, there are no known human cases of CWD.

The below links provide further information on CWD. 

CWD Information & Testing

CWD Freezer Locations Map 

For further information on Provincial regulations and Fish and Wildlife contact details, get in touch with your local office.

Fish & Wildlife Area Offices

The MNA is in the process of negotiating terms of a new harvesting agreement with the Government of Alberta. If you would like clarification of your current harvesting rights, please contact the MNA Harvesting Liaison:

Amy Quintal
Tel: 780-455-2200 ext 256
Email: aquintal@metis.org 

 

Extract: Memo from President Poitras on Métis Rights Agenda

TO: MNA Members, Locals, Regions and Provincial Council

FROM: Audrey Poitras, MNA President

DATE: August 1, 2017

RE: Update on Métis Rights

Métis Harvesting Rights

As most members should be aware, the MNA-Alberta Framework Agreement, which was signed in February 2017, included Alberta’s commitment to facilitate “the recognition and respect of Métis rights in Alberta that upholds the honour of the Crown and advances reconciliation.” Since that time, we have been working hard with Alberta to implement this agreement.  With respect to Métis harvesting, the agreement committed Alberta to:

“Pursue collaborative discussions with the Ministry of Environment and Parks with respect to Métis harvesting rights;”

As most of you know, the MNA has never agreed with or supported Alberta’s unilaterally imposed Métis Harvesting Policy.  This policy was put into place in 2007 after our Interim Métis Harvesting Agreement (“IMHA”) was cancelled by the Ed Stelmach Government and Ted Morton.  Since that time, we have turned to the courts and have taken political action to overturn this flawed provincial policy. 

Because of our consistent and collective efforts, Alberta has now agreed to begin formal discussions with the MNA on reviewing and updating this policy.  For your information, I am attaching a letter recently received from Alberta indicating that they now have a mandate from Cabinet to collaborate with us on reviewing this policy. In the next few weeks, we hope to finalize mutually agreeable terms of reference to guide our efforts. 

Then the hard work will begin—at the negotiations table with Alberta.  At the same time, we will be engaging in province-wide consultations in the Fall of 2017 to inform our positions at the table and to receive input from our members on the issues identified in the attached letter.  I am cautiously optimistic that real progress can be made on this file, so our Métis harvesters can exercise their constitutionally-protected rights without fear of harassment or prosecution. 

Download the full Métis Rights Memo here.

Métis Harvesting Rights Update

During August of 2015, a Métis rights update document was prepared by Pape Salter Teillet LLP. This legal document contains an overview of current harvesting rights, which reads as follows

“While we were not ultimately successful in our appeal in the Hirsekorn case before the Alberta Court of Appeal and may not agree with the court’s conclusion, we must live with the result of the case for the time being. We must also remember that case only dealt with the area in and around Cypress Hills.

The Hirsekorn case does not mean that there are no Métis harvesting rights in all of southern Alberta. Nor does it mean that Alberta does not need to negotiate with the MNA on this issue or that Alberta’s current Métis Harvesting Policy should be maintained.

For example, it is important to highlight that the courts did make some helpful findings with respect to Métis rights in Alberta in Hirsekorn. Firstly, the Alberta Court of Appeal rejected Alberta’s arguments that Métis communities are “dots on a map” or limited to “settlements”. Specifically, the court wrote,

[63] I conclude that the historical rights bearing communities of the plains Métis are best considered as regional in nature, as opposed to settlement-based.

Secondly, the trial judge found there was a large regional Métis community that extends throughout parts of southern, central and northern Alberta, along the North Saskatchewan river system. Specifically, the court wrote,

[115] The evidence has shown that an historical Métis community existed in the region of what is present day Edmonton and district. This group of North Saskatchewan Métis included the settlements of Fort Edmonton, St. Albert, Lac St. Anne, Victoria, Lac La Biche, and Rocky Mountain House. The Métis people in this region had a distinctive collective identity, lived together in the same geographical area and shared a common way of life.

Since the Alberta Court of Appeal’s decision, Alberta has not modified its Métis Harvesting Policy. Its current policy of identifying Métis communities “settlement-by-settlement” does not square with the Alberta Court of Appeal’s decision. It also does not recognize Métis harvesting rights in areas around Rocky Mountain House, Tail Creek and Edmonton.

More importantly, Alberta’s current approach to granting “letters” to Métis harvesters still leaves the identification of eligible Métis harvesters in the hands of government bureaucrats not the Métis Nation. This is wrong in law and is inconsistent with the UN Declaration. This policy must change. The MNA, as the representative government of the Métis people, must play a role in the identification of legitimate Métis rights-holders.”

Please click here for the Métis Rights Update document in its entirety.

 

Métis Harvesting Policy and our New Harvesting Liaison

As of today, the MNA does not have a harvesting policy. For additional information related to harvesting rights in Alberta, please contact:

Amy Quintal
Métis Harvesting Liaison
Tel: 780-455-2200 ext 256
Email: aquintal@metis.org 

(Amy and her dog Lizzie)

The Metis Nation of Alberta and the department of Sustainable Development and Industry Relations (SDIR) are pleased to welcome Ms. Amy Quintal to the MNA team as the Métis Harvesting Liaison. Amy has a BA in Native Studies from the University of Alberta, where she completed as one of her final research projects a paper on Metis Harvesting Rights in Alberta. Amy has worked in a law office for the past 15 years, primarily assisting lawyers practicing in Aboriginal law. Amy’s passion and understanding of Métis Harvesting rights has come from both lived and professional experience.  Amy’s husbands’ family currently harvests in the NW area of Alberta.

Along with the Associate Director of Policy and Engagement, Amy is currently working on several files involving Metis harvesters who have requested assistance with various hunting and fishing matters. Amy will be the MNA point of contact for all harvesting enquiries and will be instrumental in operationalizing the Métis Nation of Alberta harvesting agreement when negotiations are concluded.

If you are a harvester or trapper with queries or questions, please give Amy a call at (780) 455-2200 or connect with her online at, aquintal@metis.org, she would be happy to hear from you. Stay tuned to this site for further updates on harvesting.