Alberta govt deal that allows Metis to hunt without licences not enforceable

JOHN COTTER
Tue Jan 23, 9:53 PM ET
Canadian Press

EDMONTON (CP) - The Alberta government's deal that allows Metis people the right to hunt and fish without licences is not legally enforceable, a judge has ruled.

Justice Gerald Verville of Court of Queen's Bench also set aside the conviction of Kipp Kelley, a Metis hunter who was convicted last year of illegal trapping. "I have found that the Interim Metis Harvesting Agreement is not legally enforceable," Verville wrote in a judgment obtained by The Canadian Press.

The trial judge who convicted Kelley last year said that the Metis man could not use the Alberta deal as a defence because he had not shown that he had the right to trap under a Supreme Court ruling on Metis hunting rights.

But Verville said that because Alberta signed the Interim Metis Harvesting Agreement in 2004 with Metis leaders, most ordinary people would be under the impression that it was legal to trap without fear of being convicted of an offence.

"In these circumstances, I find a conviction would shock the conscience of the community and bring the administration of justice into disrepute," he wrote.

"I therefore set aside the conviction."

Thomas Rothwell, a lawyer who represented the Alberta government in court, called Verville's findings "serious." He said the province may launch an appeal.

"The finding is clear that the agreement is legally unenforceable," Rothwell said Tuesday. "The government is going to review the decision and provide a response."

Audrey Poitras, president of the Metis Nation of Alberta, said while the agreement might be legally unenforceable in its current form, the province should make regulatory changes to make it lawful.

She said negotiations with the government are already underway for a better Metis Harvesting Agreement.

"I believe this decision is not just significant for Alberta," she said. "It is saying to all provinces, 'sit down and negotiate accommodation agreements with the Metis people.' "

In 2003 the Supreme Court ruled that Metis living near Sault Ste. Marie, Ont, have the right to hunt and fish for food without a licence.

Since then, provincial governments with Metis communities have been grappling with the implications of the so-called Powley decision.

Metis hunting rights cases will be before the courts this winter in Ontario and Manitoba.

A major Alberta hunting and fishing group applauded Verville's ruling.

Randy Collins, president of the Alberta Fish and Game Association, said the judgment will help ensure that wildlife is properly managed in the province.

Collins said the hunting agreement was also not fair to people who are not Metis.

"I take that the ruling that happened today basically says that the Metis hunting agreement is null and void," Collins said.

He said if the government and the Metis want to reach a better agreement, they should include hunting and conservation groups in the negotiations.

"They have to go back to the drawing board. Try to hammer something out that would be acceptable to all instead of doing it behind closed doors like it was done the first time."