March 6, 1997

The Honourable Lorne Scott
Minister of Environment and Resources
Province of Saskatchewan
Legislative Building
Regina, Saskatchewan
S4S 0B3


Dear Minister:


Re:	Indian & Metis Hunting Rights in Saskatchewan


In many areas of my constituency one issue keeps coming up, namely, Metis 
hunting rights.  For example, when I was in Usherville last week, a lady 
told me about the truck loads of elk and moose she sees going by her 
service station.  She said she counted eight piles of moose guts on 
highway #9.  As one of Reform's critics for Aboriginal Affairs, I am 
somewhat familiar with aboriginal and treaty rights.  I also have a good 
understanding of what "subsistence hunting" means.  My dictionary defines 
"subsistence" as: "the minimum necessary to support life."  Another term 
I've heard used is "sustenance" which is defined as: "a supplying with 
the necessities of life."  Regardless of the term people use, neither 
one implies an unlimited right to hunt for Indians and Metis.


My constituents and I are concerned about the impact that this Metis 
hunting court decision will have on Saskatchewan wildlife.  From the 
clippings I have read, I know this is a major concern of yours too.  
Hopefully, you will not consider my offer to help as an unecessary 
intrusion into provincial affairs.  I am very pleased you decided to 
appeal the Grumbo decision and I hope you win it.  Here are my immediate 
concerns: (1) What to do until the Supreme Court hears the case and issues 
their decision, and (2) What to do if the Supreme Court upholds Judge 
Kenneth MacLeod's August 2nd decision?  I would also appreciate your 
thoughts on what federal legislation is needed with respect to Indian 
and Metis hunting rights which would help the Province of Saskatchewan 
deal more effectively with this issue.


Here are my thoughts on the issue of Indian and Metis hunting rights:


1.  Conservation of the wildlife for the benefit of all Saskatchewan 
residents is more important than the right to hunt by an individual or 
group.  Limiting aboriginal hunting rights to "sustenance" hunting only 
(as defined above) would make this goal achievable.

2.  Section 35(1) of the Constitution Act, 1982 identifies "Metis" as 
"aboriginal peoples of Canada".  In my opinion, this means that Metis 
people (when they are defined, identified and registered) may be entitled 
to "aboriginal rights" such as hunting and fishing, but they certainly 
do not have the same rights as registered Treaty Indians.  I'm sure you 
are also aware that Treaty Indians have both an aboriginal right and a 
treaty right to hunt.


3.  The Royal Proclamation of 1763 only allowed Indians to continue to 
use the land for the purposes then held (i.e. traditional uses such as 
hunting and fishing).  The way I read it, the Crown never relinquished 
its authority to extinguish or establish limits to aboriginal rights by 
legislation or treaty.  Nor did the government relinquish this authority 
in any treaty I have read.  While the courts have ruled that treaties 
are supreme in relation to provincial law, they do not take precedence 
over federal legislation.


4.  Before any Metis person is granted a special licence to hunt for 
subsistence purposes, a clear definition of who qualifies as a "Metis" 
is absolutely essential.  The process may start with self-identification 
but each individual's claim for Metis status must be authenticated by 
the government.  In fact, courts have ruled that an Indian cannot claim 
treaty rights unless they are registered with the government.  Therefore, 
it only stands to reason that Metis people must also "register" with the 
government to claim entitlement to any special hunting rights granted 
them by the courts.


5.  Before any Metis resident is granted a special licence to hunt for 
"subsistence" purposes, the term "subsistence" needs to be defined (i.e. 
"the minimum necessary to support life").

6.  I also suggest the government adopt a policy demanding that special 
licences for "subsistence hunting" must be obtained before each kill.


7.  Public safety concerns alone dictate that night hunting should be 
banned for both Metis and Indian hunters.


8.  The laws against over-killing, leaving animals to rot, trafficking 
in wild meat should be strictly enforced for all Saskatchewan residents 
regardless of race, rights or treaties.


In closing, I would like to say that I would prefer a system based on 
true equality.  To this end, I have drafted a paper called, "What about 
an Equality Alternative for Aboriginal People?"  A number of opinion 
leaders have commented favourably on it and I would appreciate any views 
you might have regarding what effect my proposals might have on provincial 
jurisdictions.


I hope you get back to me with any suggestions you might have about 
legislation I could introduce in the House of Commons which would help 
your government address the Indian and Metis hunting issue in 
Saskatchewan.  I look forward to hearing from you soon because I would 
like to introduce a Private Member's Motion before the Liberals call an 
election.


Yours sincerely,


Garry Breitkreuz, MP

Yorkton-Melville


cc  Ed Begin - Sask. Wildlife Federation