After unsuccessfully claiming Métis hunting rights, a Field resident was convicted and fined $1,000 for hunting a cow moose without a licence, according to the Ministry of Natural Resources.
Court heard that on Oct. 15, 2010, Kenneth Paquette Sr. shot a cow moose in Thistle Township. Paquette produced a Métis membership card and claimed he had an Aboriginal right to hunt in the Sturgeon Falls area. The court found he did not meet the Powley test for Métis harvesting rights.
The Supreme Court sets out a test that must be satisfied for a Métis claimant to prove harvesting rights.
Individual membership in a Métis community is based on self-identification, an ancestral connection to the historic Métis community and proof of community acceptance demonstrated by solid bond, past and present, to the community. Membership in a Métis political organization may not, in and of itself, be sufficient.
Only those customs or practices that are integral to the distinctive historic and present day culture of the Métis community are protected rights and site-specific Aboriginal rights can only be exercised in the geographic area associated with the community.
Justice of the Peace L.M. Scully heard the case in the Ontario Court of Justice in North Bay on June 26 and rendered her decision on Aug. 15.
To report a natural resources violation, call 1-877-TIPS-MNR (847-7667) toll-free any time or contact your local ministry office during regular business hours. You can also call Crime Stoppers anonymously at 1-800-222-TIPS (8477).
