Oh-Oh

[IronNoggin]

http://www.theprovince.com/news/loc...fe+trafficking+case+argue/12963289/story.html

BC First Nations Couple Convicted in Wildlife Trafficking Case Argue Rights Precede Laws

A First Nations couple found guilty last year of trafficking wildlife is asking a judge to throw out the convictions based on aboriginal rights — privileges they argue allow them to continue “pre-contact customs” even if they violate today’s laws.

Jay Coutts and Farah Palmer were convicted in May following a trial in Kamloops provincial court. Both were found guilty of trafficking in wildlife, while Coutts was convicted of an additional count of hunting during prohibited hours.

Coutts, 50, and Palmer, 44, were caught selling deer meat in 2013 by undercover conservation officers.
During trial, Crown prosecutor Joel Gold referred to Coutts and Palmer’s operation as “an ongoing business.”

In court Monday, Palmer argued First Nations people have the right to carry on as their ancestors did prior to non-aboriginal contact. Palmer referenced a section of the Canadian Charter of Rights and Freedoms that guarantees aboriginal rights to First Nations people.

Palmer said aboriginal rights allow First Nations people to “harvest, barter and trade in wildlife” and said laws restricting such guarantees are “of no force and effect.”

According to Palmer, she and Coutts only have to prove their actions have ties to “pre-contact activity” by First Nations people.

The hearing is scheduled to run all week before Kamloops provincial court Judge Roy Dickey.

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Lets' HOPE this judge has a little more grey matter between his ears than many have displayed in the past when dealing with such matters!!

Worried!

Nog

 

[TheBigGuy]

Sorry to say it Nog, but I have a feeling aboriginal rights will end up trumping hunting regulations in this case. If they were hunting and selling an endangered or threatened species then the conviction would be likely be upheld. The courts are reluctant to impose restrictions on aboriginal harvesting unless it is legitimately required for conservation reasons. That's just my take on what usually happens in these kinds of cases.

 

[IronNoggin]

Sorry to say it Nog, but I have a feeling aboriginal rights will end up trumping hunting regulations in this case.

I for one, hope like hell you are wrong. For if they do win this case, we can basically write ALL of Canada's wildlife off the second the judge drops the gavel...

 

[carpeweekend]

So, "pre-contact customs" was using high powered rifles and pickup trucks to hunt deer and sell the meat to white men? I don't think so. Noggin is right though, if the judge rules that this is OK, it becomes a complete open door to net as many fish and kill as many animals as they can without any regulation or restriction. Scary.

 

[TheBigGuy]

All they have to prove is that their tribe of origin bartered meat and fish in pre-contact times to justify their defense. That is effectively where the legal bar has been set. Conservation concerns may override Charter rights, but even those grounds are sometimes challenged as insufficient to override the Charter.

That's just the way it usually shakes down in Canadian law. Canadians might not like it, but Washington State laws actually give far more control over fish harvest to the bands than here in BC.

 

[fshnfnatic]

So, "pre-contact customs" was using high powered rifles and pickup trucks to hunt deer and sell the meat to white men? I don't think so. Noggin is right though, if the judge rules that this is OK, it becomes a complete open door to net as many fish and kill as many animals as they can without any regulation or restriction. Scary.

THIS^^^^ If they want to exercise their aboriginal "pre-contact customs then they can pull out their bow and arrows"not high powered compound bows either" and fill their boots.I love how they pull the "status card" saying they're just doing what they've
always done but don't mind using the modern technologies that they would have never developed themselves if we'd never showed up.Seems pretty hipacritical to me.Hopefully the judge has some common sense in this matter because if he doesn't they'll
be pit lamping in our back yards before you know it!

 

[TheBigGuy]

It would be nice to see harvests restricted to using traditional methods, but we all know that's never going to happen.

 

[IronNoggin]

This isn't so much about harvesting & gathering food as it is a couple of criminals attempting to ply the Race Card to legitimize their own, personal illegal actions.
The right to feed oneself and family / tribe is a long stretch from turning wildlife into an economic engine.

Let's hope the judge can see the difference...

Nog

 

[Big Green Machine]

The argument that FN should not use the latest technology available baffles me. Those wanting them to use traditional methods be careful what you wish for. Blocking off an entire river using traditional fish weirs was a common traditional practice until better technology became available.

 

[halimark]

I remember someone here recently who was not trolling for salmon but for "cod" with barbed hooks. Not only FN asking to bend rules. But blatant disregard for any wildlife I have only seen from a few. Argos in the park last fall, above 1450 m, dead caribou cows and calves, lets not forget the 2 - 100lb + hali on a local dock last summer, spearing steelhead (about 30 I think on a river that had a return of a little over 100) on a class 1 river AT the counting fence. I have been witness to all in the last year in our beautiful Province. We must remember that they are the stewards of their land, look at their places of residence, we are only visiting. They will have it all back along with our technology if things continue. Maybe we pay a trespass fee to live here (Canada) soon? Hunting and fishing licenses are not worth the paper as proven in BC already. People like me who LOVE and live for the outdoors seam doomed. I am not worried but scared shitless for my way of life and my children's ability to continue it because of recent historical rulings, and future court cases.

When will we stop it? I applaud the amazingly strong fed up ex RCMP guy who went thru last years illegal Klappan blockade. We require a Province full of individuals like him.

Sick, disgusted and different thinking now.

HM