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Hunting Rights The Historical Record Hunting animals for food and fur has been an important part of Anishinabe life on the land since time immemorial. Anishinabe hunting included practices now identified as trapping, within Treaty #3 territory, First Nations hunting activities have been documented in records of the Hudson's Bay Company, North West Company, missions and government expeditions. These records note Anishinabe sales of both fur and meat to non-Indians. In the decade before the Treaty, the fur trade was prosperous and the country was " tolerably rich in furs." Anishinabe hunters were traditionally effective managers of game. Before the 20th century there was no significant eurocanadian management of game resources. In the words of one pre-treaty missionary, Anishinabe "have skill to hunt and game on which to exercise it." The Agreement Known as Treaty #3 Following several centuries of Anishinabe- white relations, Treaty #3 was negotiated in the fall of 1873. Treaty #3, as published by Canada , states: "Her Majesty further agrees with her said Indians, that they, the said Indians, shall have the right to pursue their avocations of hunting and fishing throughout the tract surrendered as hereinbefore described, subject to such regulations as may from time to time be made by her Government of her Dominion of Canada, and saving and excepting such tracts as may from time to time be required or taken up for settlement, mining, lumbering or other purposes, by her said Government of the Dominion of Canada, or by any of the subjects thereof duly authorized therefore by the said Government." A set of notes presented to Chief Powassan by Governor Morris at the signing of Treaty #3, and known as the Paypom Treaty, differs in many respects from Treaty #3, as published by Canada. The Paypom Treaty states: "The Indians will be free as by the past for their hunting and rice harvest. This Treaty will last as the sun will shine and the water runs, that is to say forever." It is impossible to reconcile government regulations of Anishinabe hunting activities with treaty notes presented to Chief Powassan. The Chief and councilors of Lac Seul also understood the impact of regulatory control of their hunting. A 1946 letter stated: "Our understanding of the original treaty was that we could hunt and fish without hindrance in the territory ceded by us. The Indians who signed Treaty could not possibly anticipate any future Government regulations which would change this, as Game and Fish laws were unknown to our forefathers. It seems reasonable to suppose that the white men who arrange the treaty must have known something about Game and Fish regulations even in those days of long ago. We believe if this had not been fully explained to the Indians the Treaty either would not have been signed or would have contained a positive statement giving the Indians full right to hunt and fish without restrictions." Treaty #3, as published by Canada, promises to supply First Nations with ammunition for their hunting: "It is further agreed between Her Majesty and the said Indians, that the sum of fifteen hundred dollars per annum shall be yearly expended by Her Majesty in the purchase of ammunition, and twine for nets for the use of the said Indians." The Government clearly expected that hunting would remain an integral part of First Nations' economy. |