Retrial of Sask. Métis hunters to examine scope of traditional harvesting rights

Jeremy Warren · CBC News

· Posted: Apr 10, 2025 8:15 PM EDT | Last Updated: 1 infinitesimal ago

Warren Boyer's ineligible odyssey whitethorn beryllium astir over. He hopes so.

"Nobody's getting immoderate younger so hopefully this is it, but who knows," Boyer, 58, said conscionable days earlier his caller proceedings begins successful Meadow Lake provincial court.

Boyer has been successful and retired of tribunal since helium was charged for sportfishing without a licence successful 2014. Boyer and Oliver Poitras were tried together and convicted successful 2018 for amerciable hunting.

Four years aboriginal the Saskatchewan Court of Appeal overturned that ruling and ordered a caller trial. The provincial authorities unsuccessfully appealed that determination to the Supreme Court of Canada.

The caller proceedings begins April 14 successful Meadow Lake provincial court. It could beryllium a landmark lawsuit that expands Métis harvesting rights successful the province, said lawyer Kathy Hodgson-Smith, who represents Boyer, Poitras and Harold St. Pierre, a 3rd huntsman added arsenic a suspect for the caller trial.

"We're going to spot whether oregon not we tin get a definitive reply for the Métis of Saskatchewan and the radical of Saskatchewan astir wherever Métis Section 35 rights exist," Hodgson-Smith told reporters astatine a quality conference.

"If you're surviving successful Regina, tin you hunt, trap and food for nutrient successful your, successful a assemblage for which you person historical ties? What is the close of mobility? This test lawsuit is designed successful a mode to reply the question for everyone."

Previous tribunal decisions established Métis hunting rights for specific, traditionally utilized areas successful the province, but Boyer and Poitras argue those rights use to a overmuch larger country due to the fact that of the humanities mobility of Métis groups.

The archetypal trial's justice ruled that their rights weren't protected due to the fact that they harvested extracurricular the boundaries of the historical Métis assemblage of northwest Saskatchewan, which includes Meadow Lake, Île à la Crosse and Green Lake.

The appeals tribunal granted them a caller proceedings truthful the men tin beforehand their law claim, which wasn't heard successful the archetypal trial.

In 2003, the Supreme Court of Canada ruled successful R v. Powley that Métis have the close to hunt for nutrient nether Section 35 of the Constitution Act.

Boyer was crystal sportfishing connected Chitek Lake, wherever he's lived his full life, erstwhile helium was charged successful 2014.

"I've ne'er truly had a licence to statesman with, truthful I've ever utilized my Métis card for hunting and fishing," Boyer said.

"As a sustenance huntsman and fisher I judge the Métis had that close each along. So that's what I practised, and I inactive to this time don't get a licence for hunting or fishing."

Hodgson-Smith said those harvesting rights could widen provincewide due to the fact that of however mobile Métis communities were earlier the "date of effectual European control" of the territory.

The proceedings volition hap successful 2 parts. The archetypal portion is scheduled for 3 weeks opening April 14. It volition past adjourn until the autumn erstwhile tribunal volition perceive adept testimony.

"There volition beryllium historical grounds of the mobility of the Métis, wherever they were, what they were doing, the history, economy, culture, mode of life, and past looking precise intimately besides astatine the kinship," Hodgson-Smith said.

St. Pierre, the 3rd suspect added to the trial case, was charged with hunting without a licence portion hunting moose successful the Yorkton area.