The Policy of Assimilation under the Guise of Conservation December by Lisa Marie Bergen

Transcription

1 The Policy of Assimilation under the Guise of Conservation December 2012 by Lisa Marie Bergen 1

2 The Policy of Assimilation under the Guise of Conservation The effects of conservation legislation on the Aboriginal rights of the Métis in Manitoba This research paper was written for a course at the University of Manitoba Seminar in Contemporary and Historical Métis Issues instructed by Dr. Fred J. Shore. This paper describes the effects of conservation legislation on the Métis in Manitoba during the Forgotten Years ( ). The Métis in Manitoba traditionally hunted, fished and gathered wild foods to feed their families. Upon the entry of Manitoba into Confederation in 1870, the federal and provincial governments denied Métis people their Aboriginal right to hunt for food up until 2009 with the Goodon trial. One such example occurred in 1972 to a Métis trapper who lived in a small house, with no electricity or plumbing, on Crown land 100 miles northeast of Pine Falls. While hunting for food to feed his family, he was charged with hunting out of season, had his boat and gun seized, and was later imprisoned. After newspapers published this story, Pelletier suggested that the government should compensate the Métis people for the hardships created by conservation legislation (1974). I suspect that many Aboriginal peoples in Manitoba have stories about how they were negatively impacted by conservation legislation. On October 14 th, 2012, I conducted a conversational interview with my family in St. Ambroise to document how they were affected by conservation legislation. This paper provides an opportunity to document the hardships created by conservation legislation and summarize the current state of the relationship between the Métis people and the government. The Forgotten Years are a dark period in Métis history, marked by Métis dispersal after the Confederation of Manitoba in 1870 and the death of Louis Riel in Instead of receiving land as promised under the Manitoba Act, the Métis people were issued Scrip through a series of illegal constitutional amendments (Sprague, 1980). Without land, many Métis people were unable to pay taxes, attend school, or vote, and racism prevented them from gaining meaningful employment. Life as a Métis person in the early to mid 20 th century was undoubtedly difficult. In order for Métis families to survive, they took advantage of many minor economic opportunities. My grandparents life story is an example of this; they operated a cattle ranch and made their own hay, they were commercial fishermen, they trapped muskrat, they sold wood at the campground, they picked and sold wild saskatoon berries, and they guided Americans on duck hunts. 2

3 Hunting is a critical component of Métis identity and has been part of the Métis way of life from the very beginning. The buffalo hunt played a key role in the development of the Métis Nation (First Peoples of Canada, 2007). The large scale production of pemmican by Métis people permitted economic diversification and stability, which complemented socio-political factors in the nation building process. The Métis were renowned hunters and it was a significant source of pride. One of the most famous hunters of the Métis Nation was Gabriel Dumont, who was chosen chief of the buffalo hunt in the 1860 s and lead the Métis in the battles of the North West Resistance in 1885 (Macleod, 2000). Métis people have always had an Aboriginal right to hunt, fish and gather. Métis Aboriginal rights are not something that can be taken away or given back; it is inherent to their existence. In a 1972 interview, Frank Halcrow described his understanding of Métis rights based hunting: No, they did not give up their hunting rights. There is no such thing for them to give up their hunting rights. It was the Indian who was given hunting privileges. The Métis also used to hunt for themselves. In the meantime all these changes have taken place. You have to have a licence for everything. Long ago, this wasn t the case. Long ago, I remember when a person could hunt anything, anywhere because I used to do a lot of hunting. The Métis had customary laws in place to ensure the conservation of wildlife for future generations. These customary laws were never written down, but were passed from generation to generation through the oral tradition. Some of the customary laws related to conservation were recorded during the Métis Elders Conference in Pregnant animals and fish during the spawning season were avoided, animal farming was practiced, waste was discouraged, and sharing was expected (Shore, 1997). During the interview with my Grandmother, she explained that the Métis avoided killing bucks during the rut and pregnant deer because the meat would not taste very good. Métis and First Nations knew the land intimately and understood that everything has a season (M. Flamand, personal communication, 2012). During the Forgotten Years, the Aboriginal knowledge of the land refused to be recognized by government and academia. Conservation legislation has evolved over time with changing perspectives on the environment and wildlife. For example, the National Parks Act of 1885 was originally established to capture economic benefits from tourism, but now the mandate of Parks Canada is to maintain ecological integrity. According to Donihee, the first stage in the evolution of wildlife 3

4 laws were directed towards predator control and the conservation of game species by establishing seasons, limits, and weapon restrictions (2000). With the disappearance of the passenger pigeon and the plains bison, it was imperative for the government to create legislation to regulate hunting. The federal government retained the administration of wildlife in Manitoba, Saskatchewan and Alberta until 1930 with the Natural Resource Transfer Agreement. The federal government passed the Canada Wildlife Act in 1885 and the Migratory Birds Act in While conservation legislation did not apply to Treaty and Status Indians, the government failed to recognize the Aboriginal rights of the Métis and non-status Indians. Furthermore, the government never consulted with Canada s Aboriginal peoples prior to enacting conservation legislation, despite the impact on the right to their way of life. The Report of the Aboriginal Justice Inquiry of Manitoba noted that conservation officers regularly convicted Aboriginal peoples under federal and provincial fish and game legislation (Government of Manitoba, 1999). During the Forgotten Years, the Métis were landless, poor and unable to gain employment due to the colour of their skin. The enactment and enforcement of conservation legislation created additional hardships for struggling Aboriginal families, who were simply trying to feed their families, as they had done for generations. The Métis were suddenly prohibited from hunting and gathering wild food, unless they paid for licences. If you did not have a hunting or fishing licence conservation officers, enforcing the law, would seize their wild food and hunting equipment. Many Aboriginal peoples could not afford a licence, and they would be forced to pay fines if they got caught. My family recalls random drive up inspections by conservation officers, who would demand to inspect our freezer inside the house (M. Flamand, personal communication, 2012). If a deer was in the freezer, they made sure that their licence and tags were readily available because any delay in finding them would bring on additional harassment. My family decided to hide their wild food, such as ducks, in a freezer in another building far away from the house. The establishment of provincial and national parks further impacted Canada s Aboriginal peoples. Métis and other Aboriginal peoples were physically removed and restricted from entering parks and other protected areas. For example, in 1936 the Keeseekoowenin Ojibway had their houses burned and were forcibly removed from Riding Mountain National Park in Manitoba (Sandlos, 2008). A similar story occurred in the Métis community of Ste. Madeleine in 1938, where the federal government evicted the Métis from unoccupied Crown lands in the 4

5 interest of setting up Community Pastures for the exclusive use of Euro-Canadians (Payment, 1989). The establishment of provincial parks in Manitoba not only restricted where the Métis could harvest, it also meant that they were forced to pay entrance fees to access local beaches and other natural areas. In a case study on the exclusion of the Stony from Banff National Park, Binnema and Niemi conclude that the exclusion of Aboriginal peoples from parks was in the interest of trophy hunters and part of the government s plan to assimilate and civilize Aboriginal peoples (2006). During the Forgotten Years, Métis people were forced to hide evidence of their wild food. This meant that many traditional skills of Métis were lost. Feathers, bones and hides all had to be destroyed or concealed from conservation officials (Racette, 2004). It would be cumbersome to tan a hide for a pair of moccasins or a coat, if you needed a lot of open space outdoors. The processing of meat, tanning of hides, and making of clothing was traditionally the responsibility of the women. The loss of traditional skills completed by women likely had a longterm impact on the social and cultural traditions of Métis people. With the end of the Forgotten Years in the 1960 s, the Métis have been pursuing the government to recognize their Aboriginal rights. Métis people were included in the definition of who the Aboriginal peoples of Canada are in Section 35 of the 1982 Constitution, but what their Aboriginal rights were was not defined. Since the provinces have jurisdiction over natural resources under the Natural Resource Transfer Agreement, the Métis people were forced to pursue each province individually to have their Aboriginal rights legally recognized. Métis lawyers Teillet and Madden claim the government forced the Métis people to establish their right to hunt for food hectare by hectare (Narine, 2011; Sun Media, 2010). Going to court is a lengthy and expensive process that is frustrating for Métis and other Aboriginal peoples. The first major victory for the recognition of Métis Aboriginal rights came in 2003 when the Supreme Court of Canada confirmed that Mr. Powley had a Métis Aboriginal right to hunt for food. In 1993, Mr. Powley harvested a bull moose north of Sault Ste. Marie and was charged for hunting without a licence and possession of unlawfully hunted moose (Lemmond & Sterling, 2004). This was the first court case that addressed the question of Métis Aboriginal rights under section 35 of the Constitution Act. The Powley case set out a test to prove that a Métis person has an Aboriginal right to hunt for food. The Powley test is broken down into ten different parts and is a modification of the Van der Peet test, developed in 1996 to determine the Aboriginal rights 5

6 of Indians (Teillet, 2005). In addition to the Powley Test, the Supreme Court of Canada defined Métis Aboriginal rights holders. First they must self identify as Métis, secondly they must prove an ancestral connection through genealogical records to a historic Métis community, and thirdly they must be accepted by the modern Métis community. Despite the victory of Powley, the Métis in Manitoba continued to be charged by conservation officers when they were hunting with the Manitoba Métis Federation s (MMF) Harvester Card. The Métis Aboriginal right to hunt for food in Manitoba was legally recognized in 2009 as a result of the Goodon trial. Mr. Goodon harvested a Ringneck duck in the Turtle Mountain region on October 19, 2004 and was charged with unlawful possession of wildlife (Madden & Teillet, 2009). It took four years before the courts confirmed the Métis people in Manitoba have a constitutionally protected Aboriginal right to hunt for food. Goodon s victory went beyond proving that Métis people have harvesting rights, it also meant that government had a duty to consult and accommodate the Métis people if those rights were infringed upon (CBC News, 2009). Since the Powley and Goodon court cases, the Manitoba Métis Federation has been working with the province of Manitoba to ensure that Métis Aboriginal rights are being respected and integrated to maximize conservation and wildlife management. On September 29, 2012 a historic agreement was reached between the Government of Manitoba and the Manitoba Métis Federation that recognized harvesting rights of the Métis in a specific area of Manitoba (Globe and Mail, 2012; Winnipeg Free Press, 2012). The agreement is beneficial to the province of Manitoba because it outlines how Métis harvesting information will be shared to enhance wildlife management decisions (Government of Manitoba, 2012). Métis harvesters are issued Harvester Cards from the Manitoba Métis Federation and they are required to abide by the annual Métis Laws of the Harvest, which sets guidelines and limitations on natural resource harvesting. Additionally, Métis harvesters must purchase a Conservation Trust Fund sticker and Big Game tags each year (Manitoba Métis Federation, 2012). It is important to note that Métis Aboriginal rights are not absolute, meaning that government can infringe if there is a good enough reason to justify doing so. Safety and conservation are considered justifiable reasons as outlined in the Sparrow case (University of British Columbia, 2009). Currently, the province of Manitoba is observing declining moose populations and has declared a temporary conservation closure in designated game hunting areas. 6

7 The province of Manitoba has consulted with the Manitoba Métis Federation, and the Métis are respecting the conservation closure until moose populations recover (Government of Manitoba, 2012). If the moose populations recover and sustainable harvesting is possible, the Aboriginal rights holders will have priority over licensed hunters. A common misunderstanding about the recognition of Métis Aboriginal rights is that there will be more hunters, which is simply false. Métis people are already harvesting natural resources sustainably. If anything, there is a decline in the tradition of hunting, trapping, fishing and gathering natural resources, especially among the younger generation (Sawchuk, 2004). Another common misunderstanding is that Aboriginal rights should be limited to ancestral technologies, such as hunting with a bow and arrow. This argument was formally defeated in the Sparrow case when the Supreme Court of Canada noted that Aboriginal rights were permitted to evolve over time (Allain, 1996). The desire to assimilate Aboriginal people certainly motivated government to enact and enforce conservation legislation. The Métis were always criticized for their desire to hunt, for being nomadic, and for their primitiveness (Giraud, 1956). Racist colonial governments assumed that the best way to civilize the Aboriginal peoples of Canada was to restrict subsistence hunting and other traditional activities occurring on the landscape. The government s policy of assimilation was under the guise of conservation, just as residential schools were established for the benefit of education. Métis Aboriginal rights to harvest are fundamental to the historic and modern Métis identity. Hunting, trapping, fishing and harvesting natural resources has always been part of the Métis way of life. During the Forgotten Years, the government denied Aboriginal peoples from pursuing their traditional activities. The enactment and enforcement of conservation legislation negatively impacted Métis in Manitoba during a time when they were already undergoing extreme hardships with the loss of their homeland. Aboriginal peoples had been managing the land for centuries and game was plentiful, which makes it difficult for Aboriginal peoples to understand why their knowledge and role in wildlife and land management was disregarded by government. It was unjust to take away wild game that was going to feed their families, and then force them to pay a fine for breaking a law that they had no knowledge was created in the first place. It is unclear whether government will take any action to compensate the Métis people for the hardships that were created under the policy of assimilation. While the relationship between 7

8 the provincial government and the Métis people has been ameliorating, there is still a need for non-aboriginal peoples to understand the hardships imposed on Aboriginal peoples by conservation legislation. Moreover, relationship building is necessary to gain the trust of Aboriginal peoples so that we can work together towards our common interest in conservation and sustainability. 8

9 References Cited: Allain, J.M Aboriginal Fishing Rights: Supreme Court Decisions. Available online: Binnema, T. & Niemi, M Let the Line be Drawn Now: Wilderness, Conservation and the Exclusion of Aboriginal People from Banff National Park in Canada. Environmental History 11: CBC News, Manitoba Métis Win Hunting Rights Case. Available online: Donihee, J Canadian Institute of Resources Law. Available from: First Peoples of Canada The Métis: Food & Hunting. Goldi Productions Ltd. Available online: Giraud, M The Western Métis After the Insurrection. Saskatchewan History, 9 (Winter): Globe and Mail, Manitoba Métis Strike Deal on Hunting and Fishing Rights. Available online: Government of Manitoba Report of the Aboriginal Justice Inquiry of Manitoba. Aboriginal Justice Implementation Commission. Available online: Government of Manitoba, Moose Conservation Initiatives. Available online: Government of Manitoba Province Partners with Manitoba Métis Federation to Uphold Métis Harvesting Rights, Natural Resource Conservation. News Release. Available Online: Government of Manitoba, Agreement on Métis Natural Resource Harvesting: Frequently Asked Questions. Available online: Halcrow, F. & Halcrow, A Interview with Frank and Alice Halcrow. Capot, D. & McLean, D. Canadian Plains Research Centre. Available online: Lemmond, P. & Sterling, L R. v. Powley: Building a Foundation for the Constitutional Recognition of Métis Aboriginal Rights. Supreme Court Law Review. 2d: Madden, J. & Teillet, J R. v. Goodon: Manitoba Provincial Court Confirms Métis Hunting Rights. Goodon Trial Summary. Available online: Manitoba Métis Federation, Natural Resources. Available online: Manitoba Métis Federation Métis Laws of the Harvest. Third Edition. Guide to Métis Hunting, Fishing, Trapping and Gathering. Available online: Macleod, R.C Dumont, Gabriel. Dictionary of Canadian Biography Online. Available online: 9

10 Narine, S Alberta Court Ruling Major Blow to Métis Harvesting Rights. Winspeaker 20(10). Available online: Owen, B Métis Hunting Rights Recognized. Winnipeg Free Press. Available online: Payment, D Review: Ken and Victoria Zeilig, Ste. Madeleine: Community Without a Town; Métis Elders in Interview. Manitoba History. Available online: Pelletier, E A Social History of the Manitoba Métis. Manitoba Métis Federation Press. Racette, S.F Sewing Ourselves Together: Clothing, Decrotive Arts and the Expression of Métis and Half Breed Identity (Doctoral dissertation). University of Manitoba. Available online: Sandlos, J Not Wanted in the Boundary: the Explusion of the Keeseekoowenin Ojibway Band from Riding Mountain National Park. The Canadian Historical Review 89(2): DOI: /can Sawchuk, R., The Decline in Hunting. Deer & Elk Farmer s Information Network. Available online: Shore, F. J Part III: Customary Laws of the Métis Nation. Past Reflects the Present: Métis Elders Conference (1991, Winnipeg, MB). Sprague, D.N Government Lawlessness in the Administration of Manitoba Land Claims, Manitoba Law Journal, 10: Sun Media, Alberta Government Cowardly for Forcing Métis to Court: Lawyer. Métis Online. Available online: start=1000 Teillet, J R.v. Powley : a summary of the Supreme Court of Canada Reasons for Judgement. Pape & Salter Barristers & Solicitors. Available online: University of British Columbia, Aboriginal Rights. Available online: Winnipeg Free Press, Metis Hunting Rights Recognized. Available online: 10