Castanet

maryjane48 wrote:http://www.saobserver.net/news/411346365.html?mobile=true


are they first nations or white ?

maryjane48 wrote: *removed*

Gixxer wrote:I believe native people can hunt when ever they want

First Nations and the Wildlife Act
The Wildlife Act is a law of general application and applies to all persons in B.C. unless they are specifically exempted from its operation by legislation.

The current Wildlife Act states that a person who resides in B.C. and is registered, or is entitled to be registered, as an Indian under the Indian Act (Canada) may:

hunt wildlife without a hunting licence or any other licence that is required by regulation;
trap furbearing animals without a trapping licence;
angle in the non-tidal waters of B.C. without an angling licence or other licence or permit required by regulation; and
hunt a fur-bearing animal on private land with the written permission of the owner or occupier, and on Crown land with the permission of the Crown or the occupier of the Crown land, despite the fact that they:
are not the registered holder of the trapline for the area;
do not have written permission of the registered holder of the trapline for that area;
do not own or occupy that area; and
do not have a permit to trap as required by regulation.
First Nations people are exempted from the application of the Wildlife Act in certain circumstances as a result of the recognition in section 35(1) of the Constitution Act, 1982 (Canada) of existing aboriginal and treaty rights. Court decisions have confirmed that the constitutionally protected First Nations right to hunt and fish for food, social and ceremonial purposes takes priority over non-First Nations uses of wildlife resources. In recognition of this right, First Nations people are not restricted to specific seasons or to bag limits when hunting, fishing or trapping within their traditional hunting areas for food, social, or ceremonial reasons.

First Nations and the Province may sometimes differ in their interpretation of where a First Nations hunter can hunt without seasonal restrictions or bag limits. This may reflect a lack of clarity or incomplete information concerning the boundaries of First Nations traditional territories. As well, different interpretations have sometimes led to uncertainty when the Province has attempted to enforce seasonal restrictions and bag limits.

Another source of uncertainty relates to First Nations’ reporting of wildlife harvesting. Since the majority of First Nations in B.C. do not report on their harvest practices or total take, the Ministry must estimate the harvest totals being taken by First Nations before determining sustainable levels for the non-First Nations harvest. The Ministry is concerned that these estimates may be inaccurate and, consequently, decisions based on these estimates could have undesirable effects on wildlife species. The sharing of First Nations wildlife harvesting information could result in a better understanding of actual wildlife harvest numbers and lead to improved management of wildlife species.