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

Warren Boyer, a 58-year-old Métis man, is on the brink of concluding his lengthy legal battle. Charged with fishing without a license in 2014, Boyer has been entangled in a complex legal odyssey that culminated in a conviction for illegal hunting alongside Oliver Poitras in 2018. However, a recent development has breathed new life into their case.

Following a successful appeal to the Saskatchewan Court of Appeal, Boyer and Poitras were granted a new trial, much to the chagrin of the provincial government, which attempted an unsuccessful appeal to the Supreme Court of Canada. As the new trial commences in Meadow Lake provincial court on April 14, there is a sense of anticipation and hope for a definitive resolution.

Boyer’s lawyer, Kathy Hodgson-Smith, sees this trial as a potential landmark case that could significantly impact Métis harvesting rights in Saskatchewan. The case aims to clarify the extent of Métis Section 35 rights, particularly in terms of hunting, trapping, and fishing for food. By examining the historical mobility of Métis groups, the trial seeks to establish a broader interpretation of these rights beyond traditionally recognized areas.

The crux of the matter lies in whether Métis individuals can assert their harvesting rights across the province based on their historical patterns of movement. Previous court decisions have limited these rights to specific regions, but Boyer and Poitras argue for a more expansive interpretation given the historical practices of Métis communities.

Central to their argument is the landmark 2003 Supreme Court of Canada ruling in R v. Powley, which affirmed Métis rights to hunt for food under Section 35 of the Constitution Act. Boyer, who has lived his entire life on Chitek Lake, has always relied on his Métis card for hunting and fishing, eschewing traditional licenses in favor of asserting his ancestral rights as a sustenance hunter.

As the trial unfolds in two parts, with the initial phase scheduled for three weeks starting in April and expert testimony slated for the fall, the focus will be on presenting historical evidence of Métis mobility, economic activities, cultural practices, and kinship ties. The addition of Harold St. Pierre as a third defendant in the case further underscores the significance of this test case in shaping the future of Métis harvesting rights in Saskatchewan.

Boyer remains cautiously optimistic about the outcome of the trial, hopeful that it will bring clarity and recognition to the Métis community’s longstanding rights to harvest for sustenance. As the legal odyssey nears its conclusion, the stakes are high, with potential implications that extend far beyond Boyer and Poitras’s individual case.