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First Nations Rights and Responsibilities
Fishing, Hunting & Trapping
The Rights and Responsibilities of First Nations People in
Manitoba
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First Nations people have always
had a special relationship with the natural life forms that
the land provides - like fish and wildlife. This relationship
is based on subsistence needs and cultural values extending
back thousands of years.
The Natural Resources Transfer Agreement (NRTA), which forms
part of the Constitution Act, 1930, provides that Indian
people "have the right, which the Province hereby assures
to them, of hunting, trapping and fishing game and fish for
food at all seasons of the year on all unoccupied Crown lands
and on any other lands to which (they) may have a right of
access." Treaty and aboriginal rights relating to
hunting, fishing and trapping are also recognized and affirmed
as part of the Constitution of Canada by Section 35 of the
Constitution Act, 1982.
With these rights come responsibilities like conservation and
safety. People have a responsibility to ensure that their
actions in taking fish and wildlife do not damage the local
population of the resource taken. When the level of use
is greater than the ability of the resource to sustain that
use, the area can no longer meet the needs of the
people. At times, restrictions become necessary for all
fishers and hunters to ensure the survival of the wild
populations. It is also important that all fishers and hunters
be aware that safety is extremely important not only for
themselves but also for other users of the land. For these
reasons, there are some restrictions that are intended for
conservation and safety purposes that apply to both status
Indian users and licenced hunters and fishers.
It is also important to understand that there are many other
resource-users on the land that are carrying on their
traditions by fishing, hunting and trapping. These activities
have also become a part of their heritage. Each user group
must respect the privileges and rights of the other.
Commercial and other licenced users of fish and wildlife need
to understand and respect the constitutionally protected
rights of First Nations, and it is equally important for First
Nations people to understand and respect the value that other
users place on natural resources, and their ability to
participate in fishing, hunting and trapping for their
purposes under licence. All users need to understand and
respect each other’s values and work co-operatively towards
building a stronger relationship if Manitoba’s fishing,
hunting and trapping heritage is to be preserved.
To view or print a document that outlines First Nation
hunting, trapping and fishing rights and responsibilities in
detail, click here
(pdf file 24Kb).
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The Future
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