Rights of Indigenous Peoples
Indian Act
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Criminal Law
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Fair Decision Making
Hunting, fishing and trapping rights are Treaty Rights, promised in all the numbered Treaties that cover what is now Saskatchewan.
First Nations saw the Treaties as ensuring their right to have a livelihood from the land. For this reason, great concern was expressed by the First Nations about the continuation of their traditional means of living in nearly all records of Treaty negotiations. First Nations were promised that their traditional ways of hunting, fishing, trapping and gathering plants would continue.
The written records of Treaties 2, 4, 5, 6, 8 and 10, which cover most of Saskatchewan, all have promises to the First Nations that they would be able to continue to pursue their way of life throughout their Traditional Territories. Treaties 4, 6, 8 and 10 all refer to hunting, fishing and trapping, while Treaties 2, 5 and 8 refer to hunting and fishing. This is a right covering all the First Nations’ Traditional Territories not just reserves.
Her Majesty agrees that Her said Indians shall have right to pursue their avocations of hunting, trapping and fishing throughout the tract surrendered
The written text of these Treaties state that these rights are subject to regulations made by the government. They exclude lands taken up for settlement, mining, lumbering or other purposes (Treaty 4 does not refer to lumbering).
Like other Treaty Rights the written text does not reflect the promises made during negotiations. The Federation of Sovereign Indigenous Nations (FSIN), which represents the 74 First Nations in Saskatchewan, states that from the perspective of the First Nations, these rights extend to all their Traditional Territories and can only be regulated or limited by the First Nations themselves. First Nations did not agree to:
- open season limits
- the need for licences
- restricted access to unoccupied land
- hunting, fishing and trapping for non-commercial purposes only
The report of the Commissioners who negotiated Treaty 8 states:
We had to solemnly assure them that only such laws as to hunting and fishing as were in the interest of the Indians and were found necessary in order to protect the fish and fur‑bearing animals would be made, and that they would be as free to hunt and fish after the treaty as they would be if they never entered into it.
Limitations
Although it is contrary to First Nations’ understanding of Treaty promises, courts and governments have limited Treaty Rights to hunt, fish and trap.
Natural Resources Transfer Agreement
Treaty hunting, fishing and trapping rights were changed when the federal government gave control over natural resources to the province of Saskatchewan.
