Responsible move by Local First Nation

[Ganso]

I see this a a path for FNs to be able to impose hunting restrictions on ALL of BC Lands that apply to EVERYONE.

This is a concern especially if the government doesn't research or dispute the size of those traditional lands claims (see the current land claim debacle).

[Jagermeister]

The fn shot 4 of 6 elk hanging around Horsefly. All on private land. 2 Bulls and then 2 cows. No open season around here for elk, for licensed hunters.

If the private property is posted "No Trespassing", the owner should have called the police. Here's why.

"Three Indigenous men charged with illegal hunting will pay fines of $500 each after pleading guilty to trespassing Tuesday in a case the Penticton Indian Band says speaks to larger issues of land title and rights.
*Cole Kruger, Felix Thomas Kruger and Fred Kruger initially were charged with trespassing, unlawful possession of dead wildlife and discharging a firearm in a no-shooting area, but the latter two counts were dropped as part of a plea deal entered on what was to be the first day of trial in provincial court.

Crown counsel Karla Dodds told the court that in the early hours of Jan. 29, 2017, a resident of Greyback Mountain Road spotted a truck driving up the road, and soon after heard a firearm discharge.

After driving up the road, the same man witnessed all three Kruger men approximately 100 metres on private property with an animal carcass. The property was fenced with No Trespassing signs visible.
“At no time did the (property owner) give permission to Cole Kruger, Felix Kruger or Fred Kruger to be on the subject property,” said Dodds.

Conservation officers and RCMP arrived at the scene and identified the Krugers, one of whom, Fred, was later elected to band council.
In a joint sentencing submission, the Crown counsel asked for a fine of $500, which amounted to a significant step up from the minimum $115 penalty

“The aggravating feature is the fact that there was a firearm discharged on private property and it could have been a dangerous situation given the time of day,” said Judge Michelle Daneliuk in her reasons for sentence.
The men declined comment outside court.
However, the band issued a statement later Tuesday in which Chief Chad Eneas expressed support for the men.
Eneas said the pleas were entered after the band was unable to reach a deal with the provincial government to address concerns related to hunting on private land within the band’s traditional territory.
“Our members were acting under the direction of our elders in accordance with Syilx law and protocol. We will always support their right to hunt for food and ceremonies in a safe and respectful manner on Syilx Okanagan lands,” the chief said.
*“By pleading guilty, we do not admit that the province or private individuals are the rightful owners of the property. These lands have always been subject to the title and rights of the Syilx Okanagan Nation.” "
Say it the way it really was, a plea deal. By pleading guilty to trespassing Crown dropped the other two charges, primarily the charge " discharging a firearm in a no-shooting area " which would have resulted in a firearms ban at the very least and perhaps a prison sentence.
Regardless of who the trespassers are, call the police. Try to get as much information as safely possible.

[ruby]

Look at the date on that proclamation, 2016. I can tell you that the elk have been hunted hard with great success since that date.

I’ll ask you the same thing, if you are prepared to back this info up with facts and proof, then PM me. Only if this is in direct relation to the original poster.

[Rob Chipman]

If the private property is posted "No Trespassing", the owner should *NOT CALL* the police. Here's why.

"Three Indigenous men charged with illegal hunting will pay fines of $500 each after pleading guilty to trespassing Tuesday in a case the Penticton Indian Band says speaks to larger issues of land title and rights.
Conservation officers and RCMP arrived at the scene and identified the Krugers, one of whom, Fred, was later elected to band council.
In a joint sentencing submission, the Crown counsel asked for a fine of $500, which amounted to a significant step up from the minimum $115 penalty
Chief Chad Eneas expressed support for the men.

Eneas said the pleas were entered after the band was unable to reach a deal with the provincial government to address concerns related to hunting on private land within the band’s traditional territory.
“Our members were acting under the direction of our elders in accordance with Syilx law and protocol. We will always support their right to hunt for food and ceremonies in a safe and respectful manner on Syilx Okanagan lands,” the chief said.
*“By pleading guilty, we do not admit that the province or private individuals are the rightful owners of the property. These lands have always been subject to the title and rights of the Syilx Okanagan Nation.” "

Obviously I'm being difficult on this, but a $500 fine is not a significant step up from a $115 if your goal is to establish rights to hunt on private land or establish rights to the land or wildlife itself.

They paid $1500 in order to have the Crown avoid making a decision on the actual subject matter. I'd suggest that they actually want to go to court precisely because.... "the Penticton Indian Band says [this case] speaks to larger issues of land title and rights."

That's cheap at twice the cost. Money well spent by PIB.

[Rob Chipman]

This looks like a Very dangerous path to allow the BC government to follow.

I think you're exactly right. There are lots of good things in this story, but the path is not as easy to navigate as it initially appears, and your reasoning on that seems very sound.