Interim Métis Harvesting Agreement

Good to hear that this agreement got stopped. Some people were taking advantage of the loop holes of which the agreement was full of. Now hopefully something else can be struck which will consider the state of our fish and wildlife first and the needs of the Métis and Sportsmen second.

This is a positive move for all in my opinion.

I haven't heard of any new changes or updates on this agreement. Please update on any changes you've heard.

Walker

As per the cover story see below.


"(Edmonton January 26, 2007)… Alberta’s largest conservation group, the Alberta Fish & Game Association (AFGA), is encouraged to hear that the recent Court of Queen’s Bench of Alberta decision in the Kipp Kelley appeal has deemed the Interim Métis Harvesting Agreement (IMHA) “unenforceable” indicating that it has no authority and thus is in fact not legitimate.

The interim agreement, which was struck behind closed doors without public or stakeholder input in 2004, came under severe criticism from the beginning by the AFGA and other conservation groups. Little or no consideration had been given to the province wide impact on fish and wildlife by creating an open season year-round.

The IMHA had given unlimited rights to members of the Métis Nation of Alberta to “hunt, trap or fish at all seasons of the year.” Though it states the purpose is for “subsistence purposes,” the agreement does not define the term nor does it impose any limits on the quantities of fish or game harvested.

“Simply put when something is “not legally enforceable” as stated by Justice Gerald A. Verville in making the decision, it just doesn’t exist,” said AFGA President Randy Collins.

“We have concerns when any single group is given the right to harvest unlimited quantities of fish or game, or to disregard seasonal restrictions. Fishing and hunting seasons are in place to give fish and game sanctuary to conceive, birth and raise their young, and limits are there to protect the long term survival of all species,” he continued.

The Alberta Fish and Game Association is a not-for-profit volunteer organization proud to serve Albertans in the promotion of the wise use of our fish and wildlife resources and the conservation of their habitats. Celebrating its 98th anniversary the AFGA has been active since 1908 in working towards these goals. It has a province-wide membership of
more than 14,000 individuals spread among 100+ Clubs.."

what is the source?

I would like to read this article

thanks

Nevermind, found it in the canadian press.

This agreement has never made sense to me, maybe cause it's so broad, and really not detailed at all.

SOMEONE HELP ME FIND THE PERCH NEAR EDMONTON!!!

ha ha ha

Ryan

FINALLY!!!!!
WORST THING THAT EVER HAPPENED WAS THAT STUPID AGREEMENT GOING THROUGH!!!!

Alberta Metis: Ruling upholds their right to hunt, fish

By JOHN COTTER

EDMONTON (CP) - An Alberta court ruling upholds the rights of Metis people in the province to hunt and fish without a licence, a Metis leader says.

The judgment by Justice Gerald Verville of Court of Queen's Bench confirms that a harvesting deal signed by Metis and the Alberta government in 2004 can be used as a defence by Metis people who face fishing or hunting charges, said Audrey Poitras, president of the Metis Nation of Alberta.

"Without question . . . it is a win for the Metis Nation of Alberta," Poitras said Wednesday.

"Metis can take comfort in the fact that the judiciary is willing to uphold the deal the Metis nation made with the Alberta government."

The case centred on Kipp Kelley, a Metis man who was charged after a wildlife officer caught him with the remains of squirrels outside of Hinton.

Kelley said he was teaching his children how to trap.

He was eventually convicted of hunting without a licence and filed an appeal. The judge in that case ruled that Kelley couldn't use the hunting agreement as a defence.

Verville set Kelley's conviction aside on Tuesday.

He wrote that the 2004 harvesting agreement in its current form is not legally enforceable.

But he wrote that it was signed by the province in an attempt to fulfil its obligations flowing from a 2003 Supreme Court ruling that said Metis living near Sault Ste. Marie, Ont., have the right to hunt and fish for food.

Verville said because of the harvesting deal, most ordinary Metis would be under the impression that it was legal to trap without fear of being convicted of an offence.

"In these circumstances, I find a conviction would shock the conscience of the community and bring the administration of justice into disrepute," he wrote.

Poitras said the legal enforcement part of the ruling is a technical problem that can be fixed.

She called on Premier Ed Stelmach's government to include the Metis Harvesting Agreement in its regulations.

"I will be writing to the Alberta government to request that this be done in order to overcome this technical issue," she said, adding that any Metis who are charged with hunting or fishing offences should contact her office as soon as possible.

Illegal harvesting charges against five other Metis are pending before Alberta courts.

In one case, three Metis men charged with illegal fishing are to face trial on March 1 in High Prairie, Alta.

Jason Madden, a lawyer for the Metis Nation of Alberta, said if the trial proceeds, he plans to cite similar arguments that were used in the Kelley case.

"I am looking forward to bringing this judgment for the provincial court," said Madden.

"Similar to the disposition that Justice Verville gave, these people should have their charges stayed against them as well."

Alberta Justice Department officials were not immediately available for comment.

On Tuesday an Alberta government lawyer involved in the case said the department was reviewing the judgment and may file an appeal.

The legal to and fro is being closely watched by conservation groups.

Brian Bildson, chairman of the Alberta Conservation Association, said whatever happens, the province and the Metis must come up with a system to carefully monitor how the harvesting agreement affects fish and wildlife, especially on species under quotas.

Without such a system there is no way to determine if too many animals are being hunted or trapped or too many fish are being caught.

"There is no documentation of those harvest levels," Bildson said.

"There is a value to having that information. It helps manage the resource so that we have a continued population of these species for everyone."