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score23
Posted: Oct 03, 2017 - 11:16 am


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Quick question. So new GF is native and she loves to fish and she has her status card. She's new to fishing and really enjoys going out. I'm white, so question is what regulations does she have to follow?? Does she have to follow the regulations since she's fishing with me in the boat or does her status card trump our rules??

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Sterling
Posted: Oct 03, 2017 - 11:33 am


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QUOTE (score23 @ Oct 03, 2017 - 11:16 am)
Quick question. So new GF is native and she loves to fish and she has her status card. She's new to fishing and really enjoys going out. I'm white, so question is what regulations does she have to follow?? Does she have to follow the regulations since she's fishing with me in the boat or does her status card trump our rules??

I believe she has to be Nipissing First Nations for her status card to have any "value".

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Limacharley
Posted: Oct 03, 2017 - 11:53 am


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you and her should go to the band office and ask the natural resources person in charge there.
I know a few natives and they tell me that fishing and hunting are treated differently.

Go to the source of her band card and ask the right people.

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westarm
Posted: Oct 03, 2017 - 07:20 pm


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QUOTE (score23 @ Oct 03, 2017 - 12:16 pm)
Quick question. So new GF is native and she loves to fish and she has her status card. She's new to fishing and really enjoys going out. I'm white, so question is what regulations does she have to follow?? Does she have to follow the regulations since she's fishing with me in the boat or does her status card trump our rules??

I can tell you this, I have a friend {actually a couple} who is/are native {not nipissing 1st nations or even close} this individual does NOT buy a license EVER. and does not fish under any specific rules as per catch and keep {in fact rarely keeps anything anyway} however this is the way they explain it to me. no law enforcement including the ministry will engage in a pi$$ing contest about native rights anywhere anytime, its just how it is. they simply have no idea how to even deal with it.

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westarm
Posted: Oct 03, 2017 - 07:53 pm


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I should also add, its not the fault of law enforcement nor is it the fault of the native people, it is the fact that there is just too much grey area to even begin to deal with it

I will give another scenario to back up my point, a number of years ago we were out fishing, we were stopped and asked to produce our licenses, one member in our boat had a disability, no id and no license. at the time it clearly stated in the regs that a resident of Ontario with a disability was exempt from purchasing a license. it was very vague and very grey, it made no mention of what was required to carry with you or specifics of any kind. the result was........

officer.... "ok, never really run in to this before... ummm. not sure what to say, we will look into it a little bit more and if there is any problem we will contact you"

never ever heard a thing back. ironically the very next year it was printed that you now are required to carry a copy or the original wheelchair vehicle permit as well as some form of id to validate it. grey area gone!

point is you cant fight grey or vague in court, so no law enforcement will entertain the thought of what criticism or problems they will encounter challenging this.

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swiftdeer
Posted: Oct 04, 2017 - 11:10 am


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It all depends on where she has status from. Status only permits you to hunt, trap and gather within your treaty area. Sometimes the First Nation community will put their own limits on species. For example, if the community is a signatory to a certain treaty, say like the Robinson Huron Treaty, then that individual would only be able to exercise treaty rights within that area (hunting, fishing, gathering). This would not allow that individual to hunt, fish or trap outside of that area without the permission from another treaty First Nation. If for instance, the GF has status to say a community in the southwest, or a community outside of Ontario, she would still need an outdoors card and the appropriate license.

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westarm
Posted: Oct 04, 2017 - 12:24 pm


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QUOTE (swiftdeer @ Oct 04, 2017 - 12:10 pm)
It all depends on where she has status from. Status only permits you to hunt, trap and gather within your treaty area. Sometimes the First Nation community will put their own limits on species. For example, if the community is a signatory to a certain treaty, say like the Robinson Huron Treaty, then that individual would only be able to exercise treaty rights within that area (hunting, fishing, gathering). This would not allow that individual to hunt, fish or trap outside of that area without the permission from another treaty First Nation. If for instance, the GF has status to say a community in the southwest, or a community outside of Ontario, she would still need an outdoors card and the appropriate license.

watch this video and you be the judge of what law enforcement is prepared to do. people forget native people fight for what they believe in. they don't just b1tch to each other in line at the bank LIKE WE DO.

trust me when I say, they are in no position to challenge native rights!! period! its never worked out in the past and it wont change in the future. charging a native who has any status in Ontario for not having an "outdoors card" on any lake WONT HAPPEN!! EVER. might not be what some want to hear, but its fact.


https://www.youtube.com/watch?v=gRvHC0TqJZA

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swiftdeer
Posted: Oct 04, 2017 - 01:58 pm


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It actually happens more than you think, it just doesn't always make the news. I can tell you that from experience. They are challenged often, that's why we end up with decisions like Sundown, Shipman, Haida and Taku, Bressette et al., Delgamuukw, Howard, Manners, Powley, etc...

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westarm
Posted: Oct 04, 2017 - 02:31 pm


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QUOTE (swiftdeer @ Oct 04, 2017 - 02:58 pm)
It actually happens more than you think, it just doesn't always make the news. I can tell you that from experience. They are challenged often, that's why we end up with decisions like Sundown, Shipman, Haida and Taku, Bressette et al., Delgamuukw, Howard, Manners, Powley, etc...

with all due respect are some of these things you have posted not land issues? where the governments holy dollar is at the forefront?

I believe just about every challenge on the fishing license thing has been tossed.

however I do respect your point as I was somewhat slapping a generalization on "challenges"

haida and taku was all about oil and gas, no? we all know the government will fight tooth and nail for that $$$$

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swiftdeer
Posted: Oct 05, 2017 - 02:22 pm


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It's true some are about land issues, but these are just some of the ones at the top of my mind. There are lots about fishing and though we may not hear about it, there are many instances of fines and violations as they are not necessarily included in the public reports we have seen posted (meaning, while it may say the individual was from say Winnepeg, it may not reference the individual was First Nation)

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