Limitations

Court have upheld limits both on where First Nation members can hunt and about how and when they can hunt. These same rules would apply to other rights such as fishing and trapping rights. This is contrary to the First Nations' understanding of these rights based on oral promises made during Treaty negotiations. 

Courts have considered what excluding hunting on lands taken up for settlement, mining, lumbering, trading and other purposes means. This limit is in all the numbered Treaties covering what is now Saskatchewan. Courts have found that that First Nations can hunt anywhere in their Traditional Territory, if the land is not being used for a purpose that is not compatible with using it to hunt. 

The Supreme Court ruled that land could not be used for hunting because there was a farmhouse nearby but ruled hunting could take place on uncleared muskeg with no fences or signs. Courts have ruled that Treaty Rights to hunt cannot be exercised if the land is used for crops, pasture (when the land is fenced), mining or roads. The same rules apply to private land and land owned by the government. 

This means courts must look at where the hunting took place. Under these rules there are no general restrictions. Hunting on private land is not always prohibited. Hunting in parks is also not always prohibited. 

Courts have found that laws regulating hunting, fishing and trapping can limit how Treaty Rights can be exercised. Courts have found that reasonable safety laws apply to the Treaty Rights and there is no Treaty Right to hunt, fish or trap unsafely. Courts have also found that conservation laws can limit these Treaty Rights.