1 Representing the rights and interests of Métis, Non-Status and Status living off-reserve throughout Ontario. OCAP Harvesting Policy and Guidelines Approved March 14, 2009 OCAP Harvesting Policy as approved by the OCAP Board of Governors meeting Ottawa 14 March 2009, Draft 1 2 Ontario Coalition of Aboriginal People (OCAP) Harvesting Policy Whereas section 35 (2) of the Constitution Act, 1982, states that the “Aboriginal peoples of Canada includes the Indian, Inuit, and Métis Peoples of Canada.” Whereas the existing Aboriginal and Treaty rights of Aboriginal Peoples have also been recognized and affirmed under section 35 (1) of the Constitution Act, 1982; Whereas the Métis harvesting of the resources has traditionally been and continues to be integral, and organized by and for the benefit of the Métis; Whereas the Métis believe in conservation of the resources, holding a vested interest in and responsibility for preserving, protecting and enhancing those resources for the benefit of future generations; Whereas the Métis wish to promote and foster cooperative relationships and to devise shared comanagement strategies to ensure the overall coordination of the resource conservation and management; Whereas the Métis have traditionally conducted the harvest in a safe manner and will continue to practice safe harvesting practices, passing traditional and contemporary knowledge of safe firearms handling practices; Whereas the Métis People of Ontario have the right of mobility within their traditional homelands to harvest resources for their Sustenance, Social and Ceremonial purposes; NOW THEREFORE be it resolved; THE OCAP EXECUTIVE, THE OCAP BOARD OF GOVERNORS, THE PROVINCAL CHIEF CAPTAIN OF THE HARVEST AND REGIONAL CAPTAIN’S OF THE HARVEST AND THE METIS CITIZENS OF OCAP AS REPRESENTED BY THIS HARVESTING BODY DECLAIRE THIS POLICY AS OUR TRADITIONAL AND CONTEMPORARY LAWS OF THE HARVEST: Name of this Policy: This policy shall be known as the Ontario Coalition of Aboriginal People (OCAP) Traditional and Contemporary Harvesting Policy. Definitions: “Métis Harvest” means the taking, catching, gathering, or bartering of plants, firewood, wood for shelter, unlimited camping on crown land, fish, bait fish, water, and wildlife by the Métis of Ontario; “OCAP” means the Ontario Coalition of Aboriginal People; “Provincial Chief Captain of the Harvest” Métis person appointed for 5 year terms by the OCAP President “Region Captains of the Harvest” Métis person appointed for 5 year terms by the OCAP President and Provincial Chief Captain of the Harvest. OCAP Harvesting Policy as approved by the OCAP Board of Governors meeting Ottawa 14 March 2009, Draft 1 3 “OCAP Métis Harvesting identification Cards” OCAP harvesting identification cards as issued by the OCAP membership office and approved by the Regional Captains of the Harvest. Objectives: 1. To facilitate strategies for conservation of wildlife resources. 2. To meet the cultural, social, and traditional needs of the Métis People. 3. To foster the development of wildlife co-management practices between the Métis People in Ontario and the Government of Ontario, Department of Natural Resources, based upon cooperation and respect. 4. To conduct Métis harvesting, hunting, gathering in a safe and respectful manner Authorized Harvesting: 1. A Métis person in Ontario, who is registered with the OCAP and has received authorization, shall exercise his or her rights in accordance with the terms of this policy. 2. A Métis person who is registered does not require provincial hunting and fishing licenses; nor need apply for or take part in, any lottery system set out by the province of Ontario. 3. The Provincial Captain of the Harvest must obtain a Monthly Harvesting Report sheet from their regional OCAP offices and Captain’s of the Harvest and must keep detailed records of all harvesting of big game. 4. Métis who comply with the above conditions will undertake to uphold the spirit and intent of this harvesting policy at all times. Implementation: 1. The implementation of this policy shall be the responsibility of the OCAP Executive, The Provincial Captain of the Harvest as well as the Local Captains of the Harvest. 2. A Council of Elders, one from each local, will from time to time, make recommendations, assist, and contribute to the overall success of this policy for the betterment of the OCAP and its members. General Conditions: Métis Harvesting Entitlements: 1. Métis peoples have the right of taking, catching, gathering, or bartering; of plants for food, plants for medical purposes, firewood, wood for shelter, unlimited camping on crown land, fish, bait fish, water, and wildlife by the Métis of Ontario throughout Ontario, which means on crown land and on private property with permission, in accordance with this policy, subject to; a) Measures that are necessary for conservation and declared; by the Provincial chief Captain of the Harvest, or the OCAP Board of Governors or laws enacted by the OCAP assembly; OCAP Harvesting Policy as approved by the OCAP Board of Governors meeting Ottawa 14 March 2009, Draft 1 4 b) Measures that are specified from time to time by the OCAP Board of Governors or laws made by the OCAP assembly 2. The entitlement set out in this policy, is a right to harvest in a manner that is consistent with: 2.1 The nomadic and community nature of the Métis peoples; and that Métis ethics, values, customs, and traditions are upheld, followed, and passed on for future generations. 2.2 Métis traditional seasons for big game is September 01 until January 15, small game from July 15 until March 30, which are adhered to while harvesting for Social, Ceremonial, or Sustenance purposes. Fishing shall not take place in protected sanctuaries, while these sanctuaries are closed. Licenses, Fees, Charges, and Royalties: 1. Canada and Ontario will not require Métis in Ontario: a) To have federal or provincial licenses; or b) To pay fees, charges, or royalties. In respect to the harvest of taking, catching, gathering, or bartering; of plants for food, plants for medical purposes, firewood, wood for shelter, fish, bait fish, water, and wildlife by the Métis of Ontario throughout Ontario, including migratory birds, under Métis peoples entitlements. This paragraph does not restrict Canada’s ability to require licenses for the use and possession of firearms under federal laws on the same bases as other Aboriginal peoples of Canada. 2. The office of the OCAP Executive and or its designate will issue; a) An annual “Métis Harvesting Permit” free of charge to registered Métis members; b) Monthly Harvesting Reports, to be completed by the Local Captain of the Harvest and given to the Provincial Chief OCAP Captain of the Harvest. Wildlife Management Responsibilities: 1. Subject to this policy, the Chief Captain of the Harvest is responsible for wildlife management. 2. The Provincial Chief OCAP Captain of the Harvest will manage all wildlife harvesting within Métis traditional lands in a manner consistent with any total allowable harvest and harvest objectives under this policy. OCAP Harvesting Policy as approved by the OCAP Board of Governors meeting Ottawa 14 March 2009, Draft 1 5 3. The OCAP Executive / and or its designate – on behalf of the Métis peoples of Ontario may; implement policy that is consistent with the Métis People’s rights and obligations in respect to resource management, including migratory birds, that is consistent with this policy, including matters such as; a) the distribution among Métis peoples of Métis resource entitlements b) the establishment and administration of “Métis Harvesting Permits” c) requirements for harvesting; and d) the methods, timing, and location of harvest of species e) each region, having its own special needs and circumstances, pertaining to and specific with the Métis peoples and resources within that region, shall develop policy reflecting that state of affairs – in a manner consistent with and complementing the spirit and intent of this policy. In the spirit of our ancestors, and for future generations, all Métis people authorized to hunt, fish, trap, gather, barter, and/or otherwise; shall do so upholding and honouring Métis ethics, values, and customs – with conservation being the uppermost consideration. This policy is to be followed by OCAP member in conjunction with the OCAP Métis Hunting Guidelines. OCAP Métis Harvesting Guidelines Principles: Métis Harvesting and Métis harvest, for the purpose of the OCAP Interim Harvesting Policy means: hunting, trapping, fishing, and gathering for food and firewood for domestic use, and wood for hunt/outpost camps, including unlimited camping on crown land, including sharing, social and ceremonial purposes, of fish, big-game animals, small game animals, furbearers, game-bird (upland and migratory), berries, mushrooms, medicinal and other plants including wild rice; Métis harvesting is a Métis right. This right is not subject to a provincial government draw system; Along with our rights come responsibilities to our communities and to our wildlife, fisheries and other environmental and natural resources. Conservation OCAP Harvesting Policy as approved by the OCAP Board of Governors meeting Ottawa 14 March 2009, Draft 1 6 has top priority; Métis have harvesting access to resources equal to that of other Aboriginal Peoples. The Métis right to the harvest has priority over those of the nonaboriginal recreational and commercial harvesters; Sharing of the harvest through those ways traditionally used by the Métis Community is a Métis right. This includes using designated community hunters for Elders, Métis with disabilities and those unable to hunt; Implementation Procedures To protect our rights and to meet our responsibilities and obligations OCAP will implement the following: 1. Métis Harvester Identification Cards These cards will identify Métis Harvesters and prevent fraudulent abuse of our Métis harvesting rights by non-Métis 2. Harvesters Management System A Métis management system will be developed to track all harvesting activity, with all information being recorded in a database. 3. Captains of the Harvest A framework of Captains of the Harvest will be developed using local and regional representatives who will be charged with ensuring the Métis Harvest is following the provided guidelines and with a mind always toward the conservation of our resources OCAP Harvesting Policy as approved by the OCAP Board of Governors meeting Ottawa 14 March 2009, Draft 1 7 Laws of the Harvest 1. The Métis harvest of big game is not to be sold. Commercial use, either buying or selling is not permitted. 2. Métis harvesters must meet legislation, including Licensing of Firearms, proper firearms licenses. 3. Métis Harvesters may harvest year round subject to regional decision making, planning and management considerations as enacted from time to time with the following exceptions; a. No big game hunting from January 16th to August 31th. b. No fishing by net during species-specific spawning seasons; c. No game-bird hunting during nesting. Spring game-bird hunting may take place during migration before nesting. d. Métis harvesters may engage in Métis harvesting throughout the province of Ontario, in the geographic area currently occupied by the Métis Harvester. This includes unoccupied crown land and on any private land in Ontario with the permission of the landowner or Indian Reserve land with the permission of the Band council. e. Métis don’t waste, eat what you harvest and use the animal(s) as Métis traditionally have done. f. The appeal system of the OCAP will be a letter of appeal to be written to the Chief Captain of the harvest, who will review the appeal and make a decision within 30 days; this decision is binding until the next OCAP annual assembly. The Métis citizen if not satisfied can appeal to the next annual assembly, and a decision by the assembly will be binding. OCAP Harvesting Policy as approved by the OCAP Board of Governors meeting Ottawa 14 March 2009, Draft 1 8 If a Métis harvester is approached by a Conservation Officer If an Ontario Conservation Officer or other enforcement authority approaches you regarding your Métis Harvest follow these steps. 1. Ensure that you have your validated OCAP Métis Harvesters Card with you. 2. Be sure you are following OCAP Interim Harvesting Guidelines 3. Be polite and answer his or her questions to the best of your knowledge 4. Identify yourself as a Métis Harvester and show the Conservation Officer your harvesters Card 5. Inform the Conservation Officer that you are practicing your Métis right to harvest, and that you are harvesting for food or domestic purposes, not for commercial purposes and not for trophy or sport 6. If you have any portion of your harvest seized, or you are given a warning or summons (charged) for practicing your Métis right to harvest, contact your regional Captain of the Harvest to report the incident. OCAP Disclaimer: Due to limited financial resources, please be advised that OCAP is unable to absorb the financial burden of litigation in a court of law resulting from any and all potential charges or/and fines resulting from the exercise of your harvesting rights under the auspices of the present harvesting act. OCAP fur bearing harvesters: The Métis have the right to harvest fur bearing animals without having to pay royalties and duties. The Métis fur harvesters will have a meeting and put forward a fur bearing harvesting policy at a later date. This OCAP policy will speak to this important issues in a more detailed manner at that time. OCAP Harvesting Policy as approved by the OCAP Board of Governors meeting Ottawa 14 March 2009, Draft 1 9 For more information, please contact the Captain of the Harvest in your region. (LIST OF CAPTAINS OF THE HARVEST) OCAP Harvesting Policy as approved by the OCAP Board of Governors meeting Ottawa 14 March 2009, Draft 1