A trial set to begin next week in Meadow Lake, Sask. will address whether Métis people in the province have the right to hunt and fish for food freely.
The case involves three Métis men, Oliver Poitras, Warren Boyer, and Harold St. Pierre, who face charges of unlawful hunting and fishing.
Poitras and Boyer were convicted in 2018, but the Saskatchewan Court of Appeal (SKCA) granted their appeal in 2022, ordering a new trial.
Harold St. Pierre was charged with hunting without a licence near Yorkton and will also be included in the trial.
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While First Nations have rights to hunt and fish throughout Saskatchewan under section 35 of the Constitution Act, 1982, Métis rights are recognized only in specific areas, primarily in the north.
“What you have essentially is a bit of patchwork across western Canada of where the rights of the Métis are,” said Senior Defence Counsel Kathy Hodgson-Smith. “And in this particular test case, we’re going to try and answer the question of do the Métis have section 35 rights in the spaces in between,” she added.
The SKCA ruled that the defendants may pursue their constitutional rights if they can prove their affiliation with the historic Métis Nation. And that evidence from within Saskatchewan and the neighbouring provinces of Manitoba and Alberta can be provided.
Co-defence counsel Clem Chartier has been involved in cases like these since the 1990s.
“As we win these, more and more arrangements will be made between Métis governments and provincial governments in terms of recognizing harvesting rights,” said Chartier.
“So, this is a significant case, not only for us but for those in the rest of the Métis Nation homeland.”
The trial is scheduled to take place from April 14 to May 2, followed by an adjournment for the preparation of expert evidence. It will likely reconvene in the fall, though no specific date has yet been set.
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