MNO/MNR INTERIM HARVESTING AGREEMENT

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1 the Facts The Métis Nation of Ontario and the Ontario Ministry of Natural Resources made an historic agreement on Métis harvesting this past July. On July 7th 2004, at the AGA in Thunder Bay, the MNO and the Ministry of Natural Resources made an historic agreement that recognizes the MNO s Harvest Card system. The agreement at this point is very short and is set out in four points. The essence of the agreement is that MNR will apply its Interim Enforcement Policy to each MNO Harvester s Certificate holder who is harvesting for food within his or her traditional territory. This means that MNO Harvester s Certificate holders will not be charged unless they are in violation of conservation or safety standards. To help MNO citizens better understand the Interim Harvesting Agreement, the four points are set out here with a brief explanation. 1. MNO and MNR agree that MNO will issue a maximum of 1250 MNO Harvester s Certificates for this year. The number of 1250 is for this year only. A mutually agreeable process for a change in this number will be developed subject to research and evaluation of the Harvester s Certificate system. Explanation: MNO has been issuing Harvester s Certificates since Harvester s Certificates are issued under the MNO Harvesting Policy, which states that an MNO citizen can exercise the Métis right to harvest for food in his or her traditional territory in Ontario. MNO is confident that 1250 is sufficient for the harvesting season. In fact, in almost 10 years of issuing Harvest Cards, MNO has only issued approximately 1000 in total. However, in recognition of the fact that the number may need to be increased next year, MNR and MNO will establish a process for that potential increase. An evaluation of the MNO Harvester s Certificate Registry and some research will be undertaken to support the process for potential increases in Harvest Cards issued next year. 2. The MNR will apply the Interim Enforcement Policy (IEP) to those valid Harvester Card holders who are harvesting for food, within their traditional territories and pursuant to the safety and conservation values set out in the IEP in a manner, which is identical with its application to First Nations. Explanation: MNR established the Interim Enforcement Policy after the Supreme Court of Canada decision in R. v. Sparrow in Sparrow established the Indian right to fish for food. The essential element of the Interim Enforcement Policy is that MNR will not charge status Indians who are harvesting for food in their traditional territory or treaty area. Now, after the Supreme Court of Canada decision in R. v. Powley and as part of this new MNO/MNR Interim Agreement, MNR will apply the same Interim Enforcement Policy to MNO Harvester s Certificate holders. In other words, MNR will not charge MNO Harvester s Certificate holders who are harvesting for food in their traditional territory. The Interim Enforcement Policy sets out certain conservation and safety standards, which will continue to be enforced against MNO Harvester s Certificate holders who violate those standards. Similar standards are set out in the MNO Harvesting Policy. Nevertheless, the essence of this MNO/MNR Interim Harvesting Agreement is that MNO Harvester s Certificate holders will be treated the same as status Indians. 3. This Interim Agreement will be for two years with the intention that it will be extended by mutual consent until a final agreement is in place. Explanation: The Interim Agreement will last only for two years. During that time period both sides are committed to doing research. The research is necessary because there are continues 1

2 uncertainties that have arisen due to a lack of historical information with respect to the existence and continuity of Métis communities in some parts of Ontario - most particularly in the south and east of the province. Research will provide the historical facts necessary to support what MNO citizens believe - that there are old and continuing Métis communities throughout Ontario. The hope is, that by the end of this two-year period MNO and MNR, on the basis of the research, will be able to enter into a long term agreement on harvesting. 4. Both sides agree that an independent evaluation of the MNO Harvester s Certificate system will be performed based on mutually agreeable terms of reference. Explanation: MNO has long asserted that its Registry is a unique and rich source of genealogical and historical information on Métis individuals, families and communities in Ontario. While MNO has made many assertions over the years about the validity of the Registry, no government authority has been allowed to examine the Registry files. As a result, government circles require certainty with respect to the Registry. MNO is confident that any uncertainties can be laid to rest, and in fact, must be laid to rest. Government must learn that the Registry is a reliable source of Métis genealogical information. However, until government has that comfort, it seems that moving forward on many fronts will be slow and difficult. Therefore, MNO has agreed to permit an independent evaluation of the MNO Harvester s Certificate Registry process - to provide the necessary assurance to the Government of Ontario. Please be assured that the evaluation is to ascertain the bona fides of the Registry only. The evaluator will be independent of both the government and the MNO. No personal information will be copied or stored by the evaluator. No lists of names will leave the Registry. The evaluator will merely look at a random selection of files to see if those files contain the necessary documents and family lines. The evaluation is a review of MNO s Registry system, not any individual s personal information. MNO and MNR are working on an agreement that will set out the terms of reference for the evaluation, which we anticipate will take place either late this year or early in

3 MNO/MNR INTERIM HARVESTING AGREEMENT Frequently Asked Questions What is the MNO/MNR Interim Agreement on Harvesting? Flowing from the Supreme Court of Canada s decision in Powley, the MNO and the Ministry of Natural Resources (MNR) made an agreement that recognizes the MNO s Harvester s Certificate (Card) system. The agreement, at this point, is very short and is set out in four points which are included in this insert. The essence of the agreement is that MNR will apply its Interim Enforcement Policy to each MNO Harvester s Certificate holder who is harvesting for food within his or her traditional territory. This means that MNO Harvester s Certificate holders will not be charged unless they are in violation of conservation or safety standards. Why did the MNO agree to this arrangement with the MNR? For years, what the MNO has continuously heard from its harvesters is that they wanted to harvest without fear of harassment, screening or prosecution by the MNR. Since 1995, the MNO has worked on developing a responsible and Metis-driven harvest management system that would allow its harvesters to do just that. In the past, the challenge had been the lack of recognition of the MNO s system by the MNR. Now, with this MNO/MNR agreement, the MNO s Harvester s Certificate system will be used as a means of identifying legitimate Métis harvesters in the field. Further, if MNO harvesters are harvesting within the MNO s Harvesting Policy and respecting the conservation and safety requirements set out in the MNR s Interim Enforcement Policy, they will not be screened or charged. With this arrangement, the MNO has achieved the goal of Métis harvesters no longer having to skulk through the forest like criminals when they are exercising their constitutionally protected rights. Do I only have a right to hunt if I have a MNO Harvesters Certificate? No. Harvester s Certificates do not grant or give MNO citizens their harvesting rights. Your Métis right to hunt flows from being a member of an historic Métis community. All the MNO Harvester s Certificate provides is an administrative means for the MNR to identify legitimate Métis rights holders in the field similar to how the MNR uses Indian Status Cards as a means of identifying First Nation harvesters. These cards just provide a means to allow others (i.e. MNR) to identify legitimate Aboriginal rights-holders. Is the agreement to issue only 1250 MNO Harvester s Cards for the 2004 Harvest a cap or limit on the number of Métis citizens who have the right to hunt? No. Since the MNO began to issue Harvester s Certificates in 1995, only slightly more than 1000 valid MNO Harvester s Certificates have been issued. Based on this historic reality, for this upcoming year, the MNO is confident that 1250 will be more than enough to meet the historic demands of MNO citizens. In addition, the MNO/MNR agreement provides for the development of a mutually agreeable process to increase this number in the future. Are MNO Harvester s Certificates just MNR tags? No. MNO Harvester s Certificates are a means for the MNR to identify legitimate Métis rights-holders in the field. MNO Harvester s Certificates are not species specific, do not have extensively limited seasons imposed on harvesting, and are not obtained through a lottery system. The only limitations on MNO Harvester s Certificate holders are those developed and agreed to by the Métis Nation itself - as set out in the MNO s Harvesters Policy. Now that the MNO has an agreement with the MNR, can I harvest without any restrictions? No. In order to be covered by the Interim MNO/MNR Harvesting Agreement (i.e. no screening and no charges) you must be harvesting within the MNO s Harvesters Policy (i.e. have a valid Harvester s Certificate, respecting conservation and safety requirements; harvesting within your traditional territory; harvesting for food - not commercial, etc.) and the safety and conservation provisions of the MNR s Interim Enforcement Policy. If you plan to harvest this fall, please familiarize yourself with the MNO s Harvesting Policy (provided in this insert). If you have questions please contact your Captain of the Hunt or the MNO. Finally, it should also be noted that if you are not harvesting within the MNO s Harvesting Policy and the IEP s safety and conservation provision you may be screened and charged. Further, the MNO will not be under an obligation to support or represent those harvesters who provide false information on their Harvester s Certificate applications or fail to respect and uphold their obligations under the MNO s Harvesters Policy. 3

4 Métis Nation of Ontario TRADITIONAL HARVESTING TERRITORIES This map shows, in a general way, the areas and terminology used in defining the Traditional Harvesting Territories of the Métis Nation in Ontario (MNO). The map is based on information accumulated in meetings and consultations with MNO citizens, by documents provided to the MNO Registry, and by research by MNO staff. This map was provided to the MNR during recent negotiations and will be used, for the time being, for the purposes of the MNO/MNR Interim Agreement on Harvesting. Traditional Harvesting Territories of the Métis Nation within Ontario can only be defined on an interim basis at this time. The map and description of the territories will be the subject of further research and consultations which will take place this fall. 4

5 May 28, 1991 Amended: Pursuant to R. vs. Perry (1996) INTERIM ENFORCEMENT POLICY The Ontario Government, in consultation with the Government of Canada, is committed to negotiating arrangements as soon as it is possible with aboriginal people and to enacting appropriate legislation with respect to their harvest of wildlife and fish. In the interim, recognizing the impact of the Supreme Court of Canada decision in R. v. Sparrow and other judicial decisions, the Government of Ontario wishes to minimize the number of instances where aboriginal people are in conflict with the Government of Ontario in the application of the Game and Fish Act, the Fisheries Act, the Migratory Birds Convention Act and the regulations enacted pursuant to those Acts, consistent with public safety and conservation objectives. Within this framework of objectives and subject to any constitutional or other legal impediment, the following detailed guidelines are effective immediately. APPLICATION OF POLICY 1. An aboriginal person who identifies himself or herself as such, harvesting or transporting wildlife or fish as food for personal consumption and for social and ceremonial purposes, shall not be subject to enforcement procedures except as set out below. 1. Throughout the province this policy applies to an aboriginal person harvesting wildlife or fish for personal consumption or social or ceremonial purposes in the area which was the subject of the treaty under which he or she is entitled to benefits. In addition, where First Nations have a tradition or harvest beyond the boundaries of such treaty areas or where treaties do not explicitly recognize traditional harvesting rights, this policy will apply within areas in which they have a tradition of such harvest. Boundaries of such traditional harvesting areas will be clarified through future negotiated agreements. In the interim, best efforts should be made to outline traditional harvesting areas, for the purposes of this policy only and without prejudice to future negotiations between First Nations and the provincial government, through discussions between the Provincial Government and representatives of Ontario First Nations. A model for these discussions might include the discussions occurring under the auspices of the Indian Commission of Ontario. RESTRICTIONS ON APPLICATION OF POLICY The policy set out above will not apply in the following circumstances: (a) Where an aboriginal person is hunting in an unsafe manner. The following examples of activities could be consider to be unsafe in certain circumstances: (i) discharge of firearms from or across the traveled portion of a roadway, or in Southern Ontario, discharge of firearms from or across the right-of-way portion of a roadway; (ii) possessing a loaded firearm in a vehicle or moving vessel; (iii) discharge of a firearm from a vehicle or moving vessel; (iv) hunting or possessing an unencased firearm at night, although not where expressly permitted under provincial and federal legislation and the regulations enacted pursuant to those Acts; (v) careless hunting; (vi) hunting within an unsafe distance from authorized forestry or mining operations while they are in progress. (b) Where wildlife or fish are taken for commercial purposes. Wildlife or fish taken or transported by an aboriginal person solely for the purpose of personal consumption or social or ceremonial purposes, or for barter in kind of wildlife or fish within or among First Nations or aboriginal communities, will not be considered to be taken for commercial purposes. (c) Where wildlife or fish are taken in a manner which will put conservation objectives at risk. The following examples of activities could be considered to put such objectives at risk: (i) the destruction or harmful alteration of fish or wildlife habitat; (ii) in certain circumstances, fishing in fish sanctuaries or waters which are closed at all times of the year, or hunting in waterfowl sanctuaries; (iii) the taking or possession of rare, threatened or endangered species as outlined in appendix 1; (iv) the taking of wildlife or fish in quantities or in circumstances which will put conservation objectives at risk. Such circumstances might include the taking of spawning fish or the taking of wildlife while they are nursing their young; (v) the wilful waste or spoilage of wildlife or fish. (d) where hunting or fishing occur on privately owned or occupied land, which is so posted or fenced or is visibly occupied, without the express permission of the owner or occupier. PERMISSION REQUIRED AND DECISIONS REGARDING ENFORCE-MENT RELATING TO HARVEST OF WILDLIFE AND FISH FOR COMMERCIAL PURPOSES 3. (a) The written permission of the Deputy Minister will be required before planned enforcement procedures, including inspection of commercial establishments, search warrants and special investi-gations, are undertaken in respect of the harvest, transport, sale or exchange of game and fish for commercial purposes carried on by an aboriginal people. The existence of a right to harvest game and fish for commercial purposes will be a component of the determination of whether permission is given. SCREENING PROCESS 3. (b) Subject to the intervention of the Attorney General, the normal screening process of all alleged native persons violations will also continue to apply as outlined in Appendix II. Before a decision is made to proceed with charges, the Chief, or designate, of the affected First Nation shall be consulted in a timely fashion, and the appropriate Ontario aboriginal treaty and political organization will be notified. PRELIMINARY CONSULTATION 3. (c) MNR officials will contact the Chief, or designate, of a First Nation to discuss perceived concerns with respect to the harvesting of wildlife and fish as they start to emerge. STRUCTURE AND MANDATE OF COMMITTEES 3. (d) A First Nations/Ontario Conservation Committee, composed of representatives from Ontario, including the Deputy Minister of Natural Resources, as well as representatives from Ontario aboriginal treaty and political organizations, will be established immediately upon the adoption of this policy with the following mandate: continues 5

6 MNO/MNR INTERIM ENFORCEMENT POLICY (i) to meet quarterly to discuss the decisions to proceed with charges of the past quarter of the Deputy Minister of Natural Resources, as referred to above, and (ii) to review the effectiveness of this interim enforcement policy and recommend changes to this policy if deemed required. (e) First Nations/MNR Conservation Regional Committees, composed of representatives from MNR, including the Regional Director, as well as representatives from the regional aboriginal treaty and political organizations, will be established immediately upon adoption of this policy with the following mandate: (i) to give direction on a regional basis as to which activities should be deemed to put conservation objectives and public safety at risk, which will involve the identification and discussion of conservation objectives, and to give direction where policy variation regarding public safety restriction are deemed to be required due to regional variation; (ii) to discuss the necessity of existing and future fish sanctuaries and the closure of waters; (iii) to discuss the rare, threatened and endangered species of the region; (iv) to discuss those areas of lands, and related land values within the region, which require special protection due to their nature (e.g. Areas of Natural and Scientific Interest and Nature Reserves). PROVINCIAL PARKS 4. Provisions of provincial or federal legislation, or the provisions of a treaty, which concern the harvest of wildlife and fish by an aboriginal person in Provincial Parks shall continue to apply, unless otherwise provided for by a negotiated agreement between the Provincial Government and a First Nation. Where a First Nation has entered into negotiations with the Provincial Government, the written permission of the Deputy Minister of Natural Resources will be required before planned enforcement procedures regarding the harvest of wildlife and fish by members of that First Nation in the Provincial Park under discussion will be taken. FORCE OF THIS POLICY 5. This policy replaces the former Guidelines to Follow When Screening native Person Violations with regard to hunting and fishing. This policy shall not be interpreted so as to make its application more restrictive on the harvesting of wildlife and fish by aboriginal people than was the case under former MNR policies and guidelines. OPERATION OF THIS POLICY 6. This interim enforcement policy is to apply until it is superseded by changes to this policy arising from 3(d)(ii) and/or negotiated agreements and/or appropriate legislation. 6

7 Métis Nation of Ontario HARVESTING POLICY This MNO Harvesting Policy is effective as of the 15 day of May, WHEREAS the Métis are one of the Aboriginal peoples of Canada and are recognized as such in the Constitution Act, 1982; AND WHEREAS on September 19th 2003, the Supreme Court of Canada confirmed in R. v. Powley, that Métis exist as an Aboriginal people and have existing harvesting rights within the meaning of s. 35 of the Constitution Act, 1982; AND WHEREAS harvesting renewable resources has traditionally been and continues to be integral to the Métis way of life; AND WHEREAS harvesting renewable resources has traditionally been and continues to be organized by the Captains of the Hunt for the benefit of the Métis community; AND WHEREAS in the Statement of Prime Purpose it is an objective of the MNO to ensure that Métis can continue to exercise their Aboriginal and treaty rights; AND WHEREAS the Statement of Prime Purpose further states that it is an objective of the MNO to work towards developing economic self-sufficiency within the Métis Nation and Métis have traditionally harvested renewable resources for that purpose; AND WHEREAS the Métis Nation believes that conservation of renewable resources is important and that they have a responsibility to preserve and protect those resources for the benefit of future generations; AND WHEREAS the citizens of the MNO wish to exercise the Métis harvest within a management regime which is self-governed and which recognizes and respects their existing harvesting rights; NOW THEREFORE the MNO declares the following to be the MNO Harvesting Policy: 1.0 Policy Name 1.1 This policy shall be called the MNO Harvesting Policy. 2.0 Interpretation 2.1 In this policy the following definitions shall apply: a) Métis harvest means the taking, catching or gathering in Ontario 1 of renewable resources including plants, fish and wildlife by MNO citizens for food, social, medicinal or ceremonial purposes and includes donations, gifts and exchange with Aboriginal persons; b) Captain of the Hunt means an MNO citizen who has been duly appointed by the President of MNO to manage and administer the Métis harvest in his or her region; c) Métis community means a group of Métis who live together in the same geographic area. For greater certainty a Métis community may include more than one settlement, town or village in an area; 2 d) MNO citizen means a person who: i) self-identifies as Métis, is distinct from other Aboriginal peoples, is of historic Métis Nation ancestry, and is accepted by the Métis Nation; 3 ii) is ordinarily resident in the Province of Ontario; iii) is not registered as an Indian under the Indian Act, as an Inuk on an Inuit registry, or as a member of the Ontario Métis and Aboriginal Association; and iv) who s application for MNO citizenship has been registered by the MNO Registrar; e) MNO means the Métis Nation of Ontario Secretariat Inc; f) ordinarily resident means a person who lives or has lived the majority of the past year in Ontario excluding temporary absences for reasons including but not limited to, travel, education, medical treatment, military service or incarceration, provided the person was ordinarily resident prior to such temporary absences; and g) traditional territory means the geographic area that a Métis community in Ontario 4 has historically relied on and continues to rely on for the Métis harvest. 2.2 In this policy, unless the content otherwise requires, words importing the singular shall include the plural, and vice versa. 2.3 This MNO Harvesting Policy does not create any new Aboriginal or treaty harvesting rights, nor does it limit or expand the existing Aboriginal or treaty harvesting rights of MNO citizens. 2.4 This MNO Harvesting Policy does not apply to MNO citizens who harvest outside the Province of Ontario. 2.5 Nothing in this policy precludes an MNO Citizen from purchasing a hunting or fishing license from MNR or from applying for and using a harvesting tag issued by a First Nation. 2.6 This MNO Harvesting Policy applies only to MNO citizens. 3.0 Objectives 3.1 It is an objective of the MNO to encourage conservation practices during the Métis harvest so that the species are preserved for future generations. MNO citizens who participate in the Métis harvest will: a) make best efforts not to destroy or damage fish or wildlife habitat; b) not harvest vulnerable, threatened or endangered species; c) not waste or spoil wildlife or fish; and d) not harvest in fish sanctuaries or in waterfowl sanctuaries. 3.2 It is an objective of the MNO to develop wildlife management practices based on traditional Métis values of cooperation and respect and to encourage MNO citizens to harvest in a safe manner. MNO citizens who participate in the Métis harvest will: a) practice safe hunting by taking special care and consideration of other persons, wildlife and property in the area in which they are hunting; b) use firearms safely at all times; and c) take particular care near road corridors, forestry or mining operations. 3.3 It is an objective of the MNO to respect the private property rights of landholders. MNO citizens who participate in the Métis harvest will not harvest on posted, fenced or visibly occupied private property unless they have received the prior written or oral consent of the landholder. 3.4 In order to better preserve renewable resources for the future, it is an objective of the MNO to gather information on all aspects of the Métis harvest. MNO Citizens who participate in the Métis harvest are encouraged to report to their Captain of the Hunt on their activities including but not limited to the following: a) areas and species harvested; b) the health and numbers of the species harvested; c) any encounters with MNR compliance officers; d) any problems or observations which may be relevant to the species, habitat or other Métis harvesters; and e) environmental concerns which may affect the species, habitat or Métis harvesters. continues 7

8 Métis Nation of Ontario HARVESTING POLICY 3.5 Captains of the Hunt are appointed to enable the effective management of the Métis harvest. The MNO believes that community consultation is a key element of this effective management regime. Captains of the Hunt shall consult with the MNO communities in their region before making recommendations, which may in any manner limit the Métis harvest. 3.6 This policy does not apply to MNO citizens 5 who are harvesting for commercial purposes. 3.7 All other parts of this policy are to be interpreted consistently with the objectives in this part. 4.0 MNO Harvesters Certificate 4.1 For purposes of participation in the Métis harvest, the Chief Captain of the Hunt may issue an MNO Harvesters Certificate which shall be considered proof that the holder has been verified by the MNO Registrar as having provided sufficient documentation to support a claim to an Aboriginal or treaty right 6 to harvest. 4.2 An MNO citizen may apply to a Captain of the Hunt for an MNO Harvesters Certificate. 7 An applicant shall provide a Captain of the Hunt with demonstrable proof of the following: a) if the applicant intends to use firearms in the Métis harvest, he or she must demonstrate sufficient knowledge of firearms safety or completion of a firearms safety course; and b) that he or she is ordinarily resident in Ontario and intends to participate in the Métis harvest in his or her community s traditional territory; 8 and c) that he or she is Métis within the definition in 2.1(d)(i) The term of validity of the Harvesters Certificates and any applicable fees shall be as set out in Schedule A, which is attached to and forms part of this MNO Harvesters Policy. MNO may amend Schedule A at its discretion from time to time MNO citizens who hold an MNO Harvesters Certificate shall harvest in accordance with the objectives in section 3 of this MNO Harvesters Policy. 4.5 Captains of the Hunt shall advise MNO citizens to carry their MNO Harvesters Certificate along with their MNO citizenship card when participating in the Métis harvest and to show it to MNR compliance officers. 5.0 Métis Harvest 5.1 The Métis harvest shall be throughout the year with the exception of moose and deer harvesting which shall only be harvested from September 1st to December 31st. 5.2 A Captain of the Hunt may recommend to the Chief Captain of the Hunt that: a) the season for any species, be abridged in his or her region for conservation or safety reasons; b) the season be extended in his or her region, for moose or deer; or c) allocations or limitations on the Métis harvest be made for conservation reasons. 5.3 MNO Harvesters Certificate holders may harvest with persons who have lawfully obtained licenses and tags issued by MNR or by a First Nation. 5.4 Harvesting which is carried out in violation of this policy may result in withdrawal of the MNO Harvesters Certificate or a refusal by the Chief Captain of the Hunt to renew the MNO Harvesters Certificate. 6.0 Captains of the Hunt 6.1 The President of MNO shall be the Chief Captain of the Hunt, and shall have the overall management of the Métis harvest within the Province of Ontario and the coordination of the regional Captains of the Hunt. The President may at his discretion delegate the office of Chief Captain of the Hunt to another MNO citizen The President of MNO may appoint a Deputy Chief Captain of the Hunt who shall be responsible to implement this policy throughout the province in accordance with the objectives in article 3. The President may at his discretion delegate some or all of the management of the Métis harvest to the Deputy Chief Captain of the Hunt. 6.3 The President of MNO shall appoint a Captain of the Hunt in each MNO region who shall be responsible to implement this policy in accordance with the objectives in article Captains of the Hunt shall determine the appropriate management of the Métis harvest and shall evaluate its progress on an ongoing basis and no less than twice a year shall report to the Chief Captain of the Hunt. 6.5 Pursuant to 3.4, Captains of the Hunt shall make best efforts to collect and disseminate harvest information obtained from MNO citizens who are participating in the Métis harvest. 6.6 Captains of the Hunt may, after consultation with the Chief Captain of the Hunt, withdraw MNO Harvesters Certificates, on written notice with reasons, to the certificate holder. Persons whose MNO Harvesters Certificates have been withdrawn may appeal such decision to the Chief Captain of the Hunt. 6.7 Despite the seasonal limitations in article 5.1, Captains of the Hunt may designate a person or persons to harvest for the benefit of the MNO citizens in a particular Métis community. The proceeds of such harvest may be used for, among other things, sharing, social or ceremonial purposes 1 Added the phrase in Ontario in Added in 2004 to reflect the Supreme Court of Canada decision in R. v. Powley. 3 The definition was amended in 2004 to reflect the new Métis definition adopted by MNO in Previously read as follows: MNO citizen means a person who: (a) self-identifies as Métis; (b) is ordinarily resident in the Province of Ontario; (c) has at least one grandparent who is or was an Aboriginal person; (c) is not registered as an Indian under the Indian Act, or as an Inuk on an Inuit registry, or as a member of the Ontario Métis and Aboriginal Association; and (d) whose application for MNO citizenship has been registered by the MNO Registrar. 4 Added the phrase in Ontario in Amended in Previously read Métis citizens This reference to a treaty right to harvest is meant to refer to the Half-Breed Addendum to Treaty Three and would also include any future treaties that Métis in Ontario may enter into. 7 Amended in Previously read...which shall be valid for one year. 8 Amended in Previously read that he or she is ordinarily resident and intends to participate in the Métis harvest in his or her traditional territory which is within the province of Ontario; 9 Amended in 2004 to reflect the new Métis definition adopted by the MNO in July Previously read that a direct ancestor was a beneficiary of an Ontario treaty and that he or she is ordinarily resident in and intends to participate in the Métis harvest in that treaty area. This section was also amended in Previously read that a direct ancestor was a beneficiary of an Ontario treaty and that he or she is ordinarily resident and intends to participate in the Métis harvest in that treaty area. 10 Added in Amended in Previously read... another Métis citizen. 8

9 WHAT S NEXT? A rundown of post-powley initiatives For the balance of this year and the beginning of next year, Head Office staff will be busy with issues connected to the new interim agreement. A number of administrative issues must be dealt with. These include: Continuing to process Harvester s Certificate applications and renewals; (Renewals and applications will continue to be processed according to approved policy and documentation submitted by applicants showing they meet the tests set out by the Supreme Court of Canada in R v. Powley.) Continuing to ensure all Harvester s Certificate files are prepared for a mutually agreed upon independent evaluation of our Harvester s Certificate system; Continuing to do the required follow-up with government to define and develop the scope and area of co-operative research on some of our historic Métis communities and traditional harvesting territories; Continuing to ensure that all existing harvesting charges against MNO Harvester s Certificate holders are dropped and that no additional charges are laid against individuals who harvest under MNO s Harvesting Policy. This fall, members of the MNO Executive and Negotiations Team will initiate a consultation process and be directly in touch with as many citizens as possible in order to communicate what the agreement is, what the Supreme Court of Canada said in Powley, what the realities are, legally, for Métis, and to discuss views and concerns of MNO citizens. MNO will continue to be represented at the multi-lateral meeting table that has been created (post-powley) whereby the federal government, provincial governments from Ontario westward, and, Métis Nation governments, are all meeting to deal with matters arising from the Supreme Court of Canada decision on Powley. The Supreme Court of Canada decision and the interim agreement are historic, and, signal a collaborative approach on negotiations to deal with the many other issues that still remain and continue to effect Métis citizens. That work has finally begun. 9

10 MÉTIS NATION OF ONTARIO Captains of the Hunt Chief Captain of the Hunt Tony Belcourt 500 Old St. Patrick St., Unit D Ottawa, ON K1N 9G4 Ph: TF: Fx: tonyb@metisnation.org Deputy Chief Captain of the Hunt Gary Lipinski 1220 Second Street East Fort Frances, ON P9A 1P4 Ph: Fx: garyl@metisnation.org Captain of the Hunt - Region 1 Dean McMahon 825 Cornwall Avenue Fort Frances, ON P9A 3G4 Ph: Fx: Captain of the Hunt - Region 2 Ken Simard 226 May Street South Thunder Bay, ON P7E 1B4 Ph: Fx: kens@metisnation.org Captain of the Hunt - Region 3 Gilbert Gervais 498 Elm Street South Timmins, ON P4N 1X9 Ph: Fx: Captain of the Hunt - Region 6 Patricia Thibault P.O. Box 2 Arden, ON K0H 1B0 Ph: Fx: patt@metisnation.org Captain of the Hunt - Region 7 Louise Goulding Moon Island, San Souci, c/o Box 29 Mactier, ON P0C 1H0 Ph: Fx: moon@vianet.on.ca Captain of the Hunt - Region 4 Brent McHale Box 155 Searchmont, ON POS 1J0 Ph: or Ph: Fx: Captain of the Hunt - Region 5 Richard Sarrazin 1550 Main Street, Box 75 Val Caron, ON P3N 1R8 Ph: Fx: Captain of the Hunt - Region 8 David Barnes Heart Lake Road Brampton, ON L6T 3S1 Ph: Fx: davidgbarnes@hotmail.com Captain of the Hunt - Region 9 Eric Scofield Sr Chandler Road Windsor, ON N8W 4B5 Ph: Fx: