Hunter charged in hunting moose on private land wins in Saskatchewan appeal court - APTN NewsAPTN News

Hunter charged in hunting moose on private land wins in Saskatchewan appeal court



The Canadian Press
REGINA – An Indigenous man who was found guilty of hunting on private land in Saskatchewan has had his conviction overturned by the province’s highest court.

Kristjan Pierone, who is from Treaty Five in Manitoba, was charged with unlawful hunting after he killed a bull moose on land owned by a farming company near Swift Current in September 2015.

The Crown argued he did not have the right to claim treaty hunting rights within Treaty Four land, but Pierone pleaded not guilty and was acquitted.

A judge sided with the Crown’s appeal of the acquittal, but the case went to the Saskatchewan Court of Appeal, which overturned the conviction on April 27.

The court found the appeal judge incorrectly reviewed the case and the impact of the evidence and ruled the Crown failed to prove the land was in use, or incompatible for hunting.

The Federation of Sovereign Indigenous Nations says the decision affirms First Nations’ inherent treaty rights for hunting.

“Many First Nations people rely on wildlife and plants for sustenance,” said federation vice-chief Heather Bear in a release. “This is an important issue and we will follow up with Minister of Environment.”

Read more here: Hunting

 

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9 Responses to “Hunter charged in hunting moose on private land wins in Saskatchewan appeal court”

  1. Ronaldmuskego@gmail.com'
    Ron muskego May 15, 2018 at 4:04 pm #

    This is the same thing I’m getting charged with & I’m still going to court for this, it’s been over a year going to court & now nobody wants to represent me on this case I’m going through

  2. ger.jan.ryan@gmail.om'
    G.Ryan May 3, 2018 at 8:45 pm #

    It is my belief that treaties like any ather contract should be revisited every so many years to reflect the times.Wildlife is constantly under pressure from habitat loss,highway kills etc.so without careful management there will be nothing left.Hunting methods due to technology have advanced to the point where the term :(hunting rights )should be changed to (killing rights.)

  3. Ger.jan.ryan@gmail.com'
    G.Ryan May 3, 2018 at 8:17 pm #

    It is my belief that treaties like any other contract should be revisited every so many years and brought up to date to reflect the times.If indegenious people were subject to the same regulations as everyone else there would be a lot less animosity. Just saying!!

  4. mcleodenator@gmail.com'
    Thomas A. Hawk (Tomahawk) May 3, 2018 at 3:05 am #

    This is in line with the Supreme Court of Canada decision in The Queen v. Sutherland et al., [1980] 2 S.C.R. 451
    “We must, I think, in these cases, have regard to substance and the plain and ordinary meaning of the language used, rather than to forensic dialectics.
    I do not think there is any doubt s. 49 of The Wildlife Act is beyond the constitutional competence of the Province of Manitoba and ultra vires in entirety. The provision cannot purport to be a law of general application. Section 49 has effect only against Indians and its sole purpose is to limit or obliterate a right Indians would otherwise enjoy.

  5. Jim_tanner@hotmail.com'
    Jim Tanner May 3, 2018 at 1:18 am #

    The Saskatchewan Government is in denial about Treaty hunting rights and it will eventually cost the tax payer greatly. The right goes further than just access like in this case, the right was part of a promise to maintain livelihood. They tried to forget the promise but now with section 35, it is protected by the Constitution. Can’t take up all the Treaty lands, must be enough left to generate, preserve culture and way of life.

  6. gayle_herbs@hotmail.com'
    Gail May 3, 2018 at 12:23 am #

    Great !!
    Happy Hunting neechees

  7. darlenejohn@gmail.com'
    Darlene Johnson May 2, 2018 at 10:41 pm #

    Amen

  8. reichor@telus.net'
    Ron Eichhorst May 2, 2018 at 8:30 pm #

    It should not have gone to court in the first place

  9. tomchop20@yahoo.ca'
    Tom mcdermott May 2, 2018 at 6:05 pm #

    Amen