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Thread: Once again. slaughter in no shooting zones.

  1. #51
    Join Date
    Nov 2010
    Location
    Behind your trailcam
    Posts
    490

    Re: Once again. slaughter in no shooting zones.

    I agree that the problem is out of hand. I do think that the offenders within each FN group are probably outnumbered by members that would like to see resources managed appropriately. To the best of my knowledge, I'm not aware of any band or nation being able to set laws with real penalties for members that don't follow the wishes (formal or not) of chief and/or council. So each indigenous individual's Aboriginal Right to hunt are enshrined in Sec 35 of the constitution, upheld by court decisions at every turn, but there is no mechanism for enforcement even when FN administrations do decide to work independently or collaboratively to manage wildlife resources better. That seems like the main shortcoming of our current system to me. I'm not sure how that could change. I know many of the ill-educated on this site think "government policies" are to blame, but the only policy relevant here is the Canadian constitution. Constitutional reform is possible, but I imagine no party is going to be willing to stick their neck out far enough to pitch "Constitutional reform for the purposes of better restricting indigenous peoples' ability to access and harvest fish and wildlife". Good luck with that one.

  2. #52
    Join Date
    Feb 2008
    Posts
    1,670

    Re: Once again. slaughter in no shooting zones.

    Quote Originally Posted by Looking_4_Jerky View Post
    I agree that the problem is out of hand. I do think that the offenders within each FN group are probably outnumbered by members that would like to see resources managed appropriately. To the best of my knowledge, I'm not aware of any band or nation being able to set laws with real penalties for members that don't follow the wishes (formal or not) of chief and/or council. So each indigenous individual's Aboriginal Right to hunt are enshrined in Sec 35 of the constitution, upheld by court decisions at every turn, but there is no mechanism for enforcement even when FN administrations do decide to work independently or collaboratively to manage wildlife resources better. That seems like the main shortcoming of our current system to me. I'm not sure how that could change. I know many of the ill-educated on this site think "government policies" are to blame, but the only policy relevant here is the Canadian constitution. Constitutional reform is possible, but I imagine no party is going to be willing to stick their neck out far enough to pitch "Constitutional reform for the purposes of better restricting indigenous peoples' ability to access and harvest fish and wildlife". Good luck with that one.
    You're right, the constitution is the problem. Even bands such as the Xeni Gwet’in who are working on wildlife and have gone to the effort of drawing up a wildlife law of their own know the have an enforcement problem. They are discussing different actions and consequences for offenders. There is talk of rifle and vehicle confiscation with community work the way to get those possessions back.
    One step at a time for proactive bands that see the value in wildlife, it may take a few generations but some are at least moving in the right direction.
    CH

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