Treaty 9 member wins 10 year court battle with MNR over hunting rights in Treaty 3
PRESS RELEASE ... May 4, 2007
The Ontario Court of Appeal ruled yesterday Aroland First Nation member and beneficiary of hunting rights under Treaty No. 9 Howard Meshake can hunt on the traditional territory of his wife, Jeannie Carpenter, a member of the Lac Seul First Nation, a signatory to Treaty No. 3.
Mr. Meshake was hunting moose near Sioux Lookout in Treaty No. 3 Territory, outside the boundaries of Treaty No. 9. The Court of Appeal has ruled that in accordance with Ojibway custom, an Aboriginal person may shelter under the treaty rights of another First Nation in cases like Meshake’s where there is a kinship connection. The Court found that the evidence supported a finding that Aboriginal Peoples travelled to other communities to marry, and continued to hunt, and that sharing community harvest through kinship was in harmony with the Ojibway custom of sharing harvests between First Nations and families. This evidence allowed the court to conclude that Mr. Meshake was entitled to hunt because he had been accepted within the Lac Seul community, and welcomed to hunt with the Carpenter family.
This ruling recognizes that Treaty Rights may not be limited by the geographical boundaries identified in the Treaty, as has been the long-standing position of the Ontario Ministry of Natural Resources. “This decision is very important for my 10 year old son, Skyler, and for our future generations. We must ensure that they can continue to practice our traditions. I hope this case will be a stepping stone for our people in re-establishing our right to practice our life style as aboriginal people.” stated Mr. Meshake.
For further information or to talk Howard Meshake, please contact Julie or Linda at Beamish, MacKinnon Law Office 807-737-2809
We are very happy that our 10 1/2 year legal battle for the recognition of our rights is over. We feel relieved that we can hunt in accordance with our traditions without fear of being charged by the Ontario Ministry of Natural Resources.
We also are proud to be a part of the re-establishment of the rights of the Nishnawbe People to legally practice our way of life. We believe it is important for our son Skyler and for all the future generations to be able to pursue their traditions and their Nishnawbe lifestyle.
We would like to thank Grand Chief Stan Beardy of Nishnawbe Aski Nation for his support of our case. We would also like to thank Chief Sam Kashkeesh of Aroland First Nation, Chief Clifford Bull of Lac Seul First Nation, former Chief David Gordon of Lac Seul First Nation, and former Grand Chief Leon Jourdain of Grand Council Treaty No. 3, for their support during our long court case.
We would also like to thank our parents, Howard and Elsie Meshake, and Isabella Carpenter for teaching us our traditions, and making us strong enough to stand up for our way of life.
Finally we would like to thank our lawyers, Lou Strezos and Bill Henderson, who argued in the Ontario Court of Appeal, and Catherine Beamish, who supported us from the time of the charge until the final decision of May 3, 2007.
For further information or to talk to Howard Meshake, please contact Julie or Linda at Beamish, MacKinnon Law Office 807-737-2809