steelhead
10-03-2007, 05:33 PM
Thought I would share. It seems theyre not afraid to lay charges.
March 12, 2007
THREE PEOPLE FINED $2,325 AFTER UNSUCCESSFULLY CLAIMING Métis HARVESTING RIGHTS
COCHRANE — Two men and one woman, who claimed Métis harvesting rights, have been fined $2,325 after being convicted of illegal hunting or fishing in four separate cases.
In the first case, René Dubeault, 48, and his wife Christine Dubeault, 46, both of Cochrane, were fined $500 each for hunting moose without a licence. They forfeited two moose to the Crown and the court placed each of them on probation for two years.
In the second case, Rene Dubeault was convicted of hunting moose without a licence and was fined an additional $1,000. He also permanently forfeits one high-powered firearm.
In the third and fourth cases, Donald Dubeault, 37, of Cochrane, was fined $125 and $200, respectively, for two counts of angling without the appropriate licence.
Although all of the defendants are members of the Ontario Métis Aboriginal Association, the court determined that this alone was insufficient to assert Aboriginal rights.
Justice of the Peace Jean-Marie Blier heard the case in Ontario Court of Justice, Cochrane, on March 8, 2007 and ruled that none of the three defendants met the test for Métis harvesting rights, as required by the Supreme Court of Canada ruling of R. v. Powley.
This test includes the requirement that a claimant demonstrate membership in a contemporary Métis community that has a distinctive collective identity associated with the Métis culture and which has people living together in the same geographic area and sharing a common way of life. This contemporary community must have continuity with an historic Métis community that came into existence in a geographic area prior to effective European control in the area, which is a date that can change from place to place across the province.
Individual membership in a Métis community is based on self-identification, an ancestral connection to the historic Métis community and proof of community acceptance demonstrated by solid bond, past and present, to the community. Membership in a Métis political organization may not, in and of itself, be sufficient.
Only those customs or practices that are integral to the distinctive historic and present day culture of the Métis community are protected rights and site specific aboriginal rights can only be exercised in the geographic area associated with the community.
To report a natural resources violation, call 1-877-TIPS-MNR (847-7667) toll-free any time or contact your local ministry office during regular business hours. You can also call Crime Stoppers anonymously at 1-800-222-TIPS (8477).
February 27, 2006
BLOOD AND HAIR IN VEHICLE REVEALED ILLEGAL HUNT
PETERBOROUGH - An Indian River resident whose car had fresh blood and deer hair inside has been fined $1,300 for illegal hunting.
Mark Clapper, 40, was fined $1,000 for shooting an antlerless deer without a licence and $300 for unlawful possession of the same animal.
Court heard that a Ministry of Natural Resources Bancroft District conservation officer, while checking archery hunters in Burleigh Township, on December 12, 2004, found fresh blood and deer hair in Clapper's vehicle. Clapper, who identified himself as Métis, said the blood and hair was from a deer he killed in 2003. Investigation revealed he had killed an antlerless deer the previous weekend without a valid tag and taken it home.
Claiming Métis status is not sufficient to give a person the right to hunt or fish without a licence. A successful Métis claim will require substantial evidence, including proof of an ancestral connection to a local historic Métis community.
Justice of the Peace Mike O'Toole heard the case in the Ontario Court of Justice, Peterborough, on February 9, 2006.
Call 1-877-TIPS-MNR (847-7667) toll-free any time to report a natural resources violation or contact your local ministry office during regular business hours. You can also call Crime Stoppers at 1-800-222-TIPS (8477).
June 8, 2005
FINED FOR FISHING IN SANCTUARY
PEMBROKE - Two Arnprior men who said membership in a Métis organization gave them the right to fish in a sanctuary when it was closed have been fined a total of $1,200.
Robert J. Massicotte, 32, and Robert J. Racicot, 49, of the Ontario Métis Aboriginal Association, were charged after a Ministry of Natural Resources conservation officer found them fishing the Madawaska River fish sanctuary during the closed season in the spring of 2001.
Racicot pleaded guilty to angling in a fish sanctuary and having no fishing licence and was fined $450. Massicotte, who pleaded not guilty, was convicted of identical charges and fined $750.
Justice of the Peace Brian McKay heard the cases on May 27, 2005, in the Ontario Court of Justice, Pembroke.
The public is encouraged to report fishing violations to their local ministry office or anonymously to Crime Stoppers at 1-800-222-TIPS (8477).
I hope it chatches on here
Steelhead
March 12, 2007
THREE PEOPLE FINED $2,325 AFTER UNSUCCESSFULLY CLAIMING Métis HARVESTING RIGHTS
COCHRANE — Two men and one woman, who claimed Métis harvesting rights, have been fined $2,325 after being convicted of illegal hunting or fishing in four separate cases.
In the first case, René Dubeault, 48, and his wife Christine Dubeault, 46, both of Cochrane, were fined $500 each for hunting moose without a licence. They forfeited two moose to the Crown and the court placed each of them on probation for two years.
In the second case, Rene Dubeault was convicted of hunting moose without a licence and was fined an additional $1,000. He also permanently forfeits one high-powered firearm.
In the third and fourth cases, Donald Dubeault, 37, of Cochrane, was fined $125 and $200, respectively, for two counts of angling without the appropriate licence.
Although all of the defendants are members of the Ontario Métis Aboriginal Association, the court determined that this alone was insufficient to assert Aboriginal rights.
Justice of the Peace Jean-Marie Blier heard the case in Ontario Court of Justice, Cochrane, on March 8, 2007 and ruled that none of the three defendants met the test for Métis harvesting rights, as required by the Supreme Court of Canada ruling of R. v. Powley.
This test includes the requirement that a claimant demonstrate membership in a contemporary Métis community that has a distinctive collective identity associated with the Métis culture and which has people living together in the same geographic area and sharing a common way of life. This contemporary community must have continuity with an historic Métis community that came into existence in a geographic area prior to effective European control in the area, which is a date that can change from place to place across the province.
Individual membership in a Métis community is based on self-identification, an ancestral connection to the historic Métis community and proof of community acceptance demonstrated by solid bond, past and present, to the community. Membership in a Métis political organization may not, in and of itself, be sufficient.
Only those customs or practices that are integral to the distinctive historic and present day culture of the Métis community are protected rights and site specific aboriginal rights can only be exercised in the geographic area associated with the community.
To report a natural resources violation, call 1-877-TIPS-MNR (847-7667) toll-free any time or contact your local ministry office during regular business hours. You can also call Crime Stoppers anonymously at 1-800-222-TIPS (8477).
February 27, 2006
BLOOD AND HAIR IN VEHICLE REVEALED ILLEGAL HUNT
PETERBOROUGH - An Indian River resident whose car had fresh blood and deer hair inside has been fined $1,300 for illegal hunting.
Mark Clapper, 40, was fined $1,000 for shooting an antlerless deer without a licence and $300 for unlawful possession of the same animal.
Court heard that a Ministry of Natural Resources Bancroft District conservation officer, while checking archery hunters in Burleigh Township, on December 12, 2004, found fresh blood and deer hair in Clapper's vehicle. Clapper, who identified himself as Métis, said the blood and hair was from a deer he killed in 2003. Investigation revealed he had killed an antlerless deer the previous weekend without a valid tag and taken it home.
Claiming Métis status is not sufficient to give a person the right to hunt or fish without a licence. A successful Métis claim will require substantial evidence, including proof of an ancestral connection to a local historic Métis community.
Justice of the Peace Mike O'Toole heard the case in the Ontario Court of Justice, Peterborough, on February 9, 2006.
Call 1-877-TIPS-MNR (847-7667) toll-free any time to report a natural resources violation or contact your local ministry office during regular business hours. You can also call Crime Stoppers at 1-800-222-TIPS (8477).
June 8, 2005
FINED FOR FISHING IN SANCTUARY
PEMBROKE - Two Arnprior men who said membership in a Métis organization gave them the right to fish in a sanctuary when it was closed have been fined a total of $1,200.
Robert J. Massicotte, 32, and Robert J. Racicot, 49, of the Ontario Métis Aboriginal Association, were charged after a Ministry of Natural Resources conservation officer found them fishing the Madawaska River fish sanctuary during the closed season in the spring of 2001.
Racicot pleaded guilty to angling in a fish sanctuary and having no fishing licence and was fined $450. Massicotte, who pleaded not guilty, was convicted of identical charges and fined $750.
Justice of the Peace Brian McKay heard the cases on May 27, 2005, in the Ontario Court of Justice, Pembroke.
The public is encouraged to report fishing violations to their local ministry office or anonymously to Crime Stoppers at 1-800-222-TIPS (8477).
I hope it chatches on here
Steelhead