The Manitoba government made a “political compromise” by deciding to issue a reduced number of moose hunting licenses to non-Indigenous hunters in northern areas of the province earlier this year, a lawyer argued in court representing a First Nation in the region.

Manitoba Court of King’s Bench Justice Brian Bowman weighs two opposing arguments that it was unreasonable for the provincial government to approve a 75 per cent reduction in moose hunting licenses for four of 62 zones game hunting service in the northern regions of the province. last July.

The Manitoba Wildlife Federation, which advocates on behalf of licensed hunters, sued the province for a judicial review of the decision, alleging it was not based on science.

The Pimicikamak Cree Nation has filed a request for a court injunction to overturn Natural Resources Minister Jamie Moses’ decision to issue the permits, alleging they violate its rights under provincial laws, Treaty 5 and of 1977 Northern Flood Agreement.

Byron Williams, director of the Winnipeg-based Public Interest Law Center who represents Pimicikamak, alleges Manitoba’s issuance of the permits violated a constitutional obligation to ensure First Nations people have the right to prioritize hunting for food.

“They made a political compromise, leaving some to licensed hunters, even though they didn’t know what (Pimicikamak’s) food needs were or whether the population was sustainable,” he told the court Tuesday morning .

The Pimicikamak Traditional Territory, also known as the Cross Lake Resource Area, spans nearly 15,000 square kilometers and covers portions of four of Manitoba’s WMAs, including two of the four WMAs subject to reduction. license of 75 percent.

The province hasn’t studied moose populations in those geographic areas in more than a decade, Williams said.

Pimicikamak is a “rapidly growing” community, with more than 8,000 members living on the reserve, and hunters are reporting fewer and fewer moose sightings in recent years, he said.

Pimicikamak, alongside Manitoba Keewatinowi Okimakanak — an organization representing just over two dozen First Nations in northern Manitoba — had been pushing the provincial government to consult with them on the issue of hunting from 2022 to April 2024, Williams said.

“Manitoba was aware of these requests and did not act on them,” he said.

Dated data is not enough, lawyer says

A June ministerial briefing note acknowledged the issue would require “significant effort” from the province, Williams alleged.

The briefing note says the province could either stick to the status quo and “continue to operate in accordance with its legal obligations” or commit to working with First Nations and face additional costs, time constraints and negative reactions from licensed hunters and outfitters, he alleged.

Jeremy McKay, another lawyer representing Pimicikamak, said Premier Wab Kinew suggested in a meeting with MKO around that time that the province could “separate” Pimicikamak’s traditional territory from the game hunting areas of the Manitoba as a solution to the problem.

Minister Moses then called Pimicikamak Chief David Monias after the license reduction announcement, saying the province was not yet ready to make that decision, but could do so in 2025, according to Williams.

“While Manitoba’s approach may be encouraging – potentially – for next year, it does not protect the rights of the Pimicikamak this year,” he said.

Instead, Pimicikamak hunters are forced to travel outside their traditional territory to hunt moose, suffering significant financial and cultural losses, he said.

Meanwhile, Jonathan Andrews, a lawyer representing the Manitoba Wildlife Federation, argued the reduction affects licensed hunters in Manitoba more directly than treaty hunting rights because First Nations hunters have no no need for a permit to harvest.

He said the province’s license reduction was unreasonable, unfair and done in a “vacuum of evidence.”

Even though 100 moose shooting permits were issued across the four GTA regions this year, Andrews says two hunters each share a moose tag and moose hunting success rates in the province are less than 40 percent.

Andrews also argued that the letters Pimicikamak and MKO sent to the province primarily objected to the government’s ability to issue hunting licenses in its traditional territory and only implied concerns about moose populations.

He added that it is up to the province to determine the status of moose populations if there is concern about a decline.

“Data from a survey from 10 years ago is not enough,” he said.

Provincial lawyers must respond

Andrews also pointed to cross-examinations from Marcia Arlt, director of Manitoba’s wildlife branch, who he said confirmed that Pimicikamak had not disclosed to the province the number of moose its members harvest or have needed each year – data that could help conservation efforts.

He says the federation recognizes treaty hunting rights, but disputes their scope. The federation wants a “shared, co-managed approach” to Manitoba’s conservation efforts and believes any other approach would be “a recipe for disaster,” Andrews said.

“This case is proof of that,” he said.

Hunters who received a moose harvest permit in these two HMAs that intersect with Pimicikamak’s traditional territory were able to harvest in the region from September 16 to October 13, and will do so again from December 2 to December 15 this year. year, according to the annual hunting guide.

Lawyers for the province are expected to respond to both requests in court on Wednesday.