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What is a Crime?

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Pimatsiwin Weyasowewina: Aboriginal Harvesting Practices Considered Prepared By: Dr. Cora Pillwax, Indigenous Peoples’ Education Program, University of Alberta; Lisa D. Weber, Indigenous Law Program, University of Alberta Research Paper 28 September 2005 This paper was prepared for the Law Commission of Canada. The views expressed are those of the authors and do not necessarily reflect the views of the Commission. Print the Research Paper (PDF, 377 KB)

Table of Contents

Executive Summary

Part I: Introducing the Research Study

A. Introduction

B. Background

C. Description and Methodology

D. Research Participants and Communities

Part II: Aboriginal Traditional Harvesting Practices as Crime

A. Traditional Aboriginal Harvesting Practices

1. Hunting as Traditional Practice
2. Trapping as Traditional Practice
3. Fishing as Traditional Practice
4. Gathering as Traditional Practice

B. Factors Affecting Traditional Harvesting Practices

1. Natural Resource Development
2. Aboriginal Economic Development and Employment Initiatives
3. Provincial Land Tenure System
4. The Legal Assault on Aboriginal Societies and Cultures: Federal and Provincial Laws Relating to Harvesting Practices
   1. Hunting Without a Valid License
   2. Transport and Possession of Wildlife
5. Abuse of Discretion by Law Enforcement Representatives
6. Indian Land Claims Settlements
7. Environmental Pollution

PART III: Intervention Strategies

A. Bilateral Harvesting Agreements

B. Co-management Agreements

C. Domestic Legal Mechanisms

1. Aboriginal Harvesting Practices as Aboriginal Rights
   1. Priority Of Interests
   2. Fiduciary Obligation and the Duty to Consult

D. International Legal Mechanisms

3. United Nations Human Rights Committee - Reporting
2. United Nations Human Rights Committee – Complaints Process
   4. Bernard Ominayak and the Lubicon Lake Band v. Canada
   5. Organization of American States - Inter-American Commission on Human Rights

E. The Challenge - State Sovereignty Immunity

Part IV: Conclusion

Part V: Bibliography

Appendix A: Notice of Hearing: Canadian Natural Resources Limited, August, 2002

Appendix B: Notes & Maps

Appendix C: List of Alberta Communities Participating in a Workshop

Appendix D: List of Community Participants

Appendix E: Recommendations from Interviews and Workshops

About the Authors