[news] Mohawk Hunter's Trial Concludes

[resist admin]

-----Forwarded Message-----

From: anticapital <anticapital at ziplip.com>
To: noii-l at lists.resist.ca, redwire at lists.resist.ca
Subject: [Redwire] update on Mohawk hunters trial
Date: 22 Apr 2003 16:40:49 -0700

Presquile Park Hunters Update
from OCAP Radio

In 1999 Mohawk hunters entered Presquile Provincial Park, a piece of land
within their traditional land claims and began to harvest deer from the
park. It was an act of protest but also an attempt to bring the deer
population in the park back to a manageable and healthy level after years
of neglect by the Ministry of Natural Resources and a direct way to feed
their families as well as impoverished communities within Toronto.

Several hunters, including OCAP member Shawn Brant, were charged in the
incident for firearms violations. Their trial has just wrapped up in
Campbelford, Ontario with a guilty verdict, but one with serious
ramifications for First Nations treaty rights in Ontario. After the
verdict Shawn was interviewed by OCAP radio:

*********
CAP RADIO: We're talking to Shawn Brant about his trial, which has just
wrapped up. The last time we spoke to him he was still in trial around
the charges relating to his arrest for hunting in Presquile Park in
1999. So Shawn do you want to let us know what the decision handed down
by her Majesties court a couple of weeks ago was?

SHAWN BRANT: Yeah, there was a lengthy trial, 14 days, and not much of a
doubt that we were in fact the culprits that in fact engaged in the
activity but there was a question that was put which was essentially,
was there in fact and is there a relationship that exists between Mohawk
people and the Government by way of a treaty and if so does that treaty
apply?

We have always had a difficulty in having this government and previous
governments acknowledge any agreements that they enter into and to have
them stand by those agreements and in fact what happened was that the
court did acknowledge that there was a treaty that exists and that
pertains to hunting and harvesting and acknowledged that the Government
of Canada is in fact bound by that treaty. While I was in fact convicted
of the offense, the treaty boundary stops short of that particular park,
it was a significant victory for ourselves and for the five nations that
entered into that agreement in 1701. So it was pretty significant as far
as we are concerned.

OR: In case people aren't aware, you had gone in during 1999 to cull the
herd and the situation was no longer sustainable so you guys took care
of that. Yet people from Tyendinaga have gone back into the park since
then, in fact just a few months ago. What is the significance of the
ruling as far as that and as far as you going back in again in the
future?

SB: Well Presquile is a small park, considered to be the jewel of the
Government's eye. When we went in during 1999 it arose from the
disgusting way in which the government had approached the deer
population of the park. They wanted something akin to a petting zoo for
city people to go out and see a deer on the weekend. So it had come to a
situation where the deer had over-populated the park but as well, in the
political landscape it was directed by that as well as the need for food
as well as the need for us to stick our finger in the governments eye
and advance the cause of dealing directly with issues of poverty and
issues of need as well.

It allowed us to address a couple of those issues. While the trial was
going on we did in fact go back in during January and we took out
another 85 animals and brought the herd down to what we feel is the
start of a manageable level. I'm not entirely sure that the judge saw
that as an appropriate thing given that he hadn't given a ruling but it
was made clear during the trial that as one guy said, there is no white
man who's going to tell me when I have to eat or hunt or where I can
hunt. So the MNR in January had to accommodate it simply because 50
well-armed Mohawks were heading to the park anyway.

In 1999 it was more akin to a piss up as anything else. So they
recognize that there's a need to manage the herd and that probably we
are in the best position to do that. As far as the future goes,
generally in the absence of a treaty there is a historical record that
acknowledges a practice that pre-dates contact and stemming from the
trial, even though the treaty that we established, and more
significantly the relationship of our people as a sovereign body and the
acceptance that we were and are in a position to enter into a treaty,
even in the absence of the geographical connection there is a historical
aspect known as an aboriginal right to hunt.

It's clear that while I was simply convicted of carrying a weapon in a
closed park, other charges related to hunting and trespassing were
thrown out because it was recognized that we are the people that had our
feet on the land well before the white guy came and certainly in the
future when we feel it is appropriate to take action to manage the herd,
then the ministry, by their own law, are responsible for taking measures
to accommodate us. And there is a significant number of animals left in
the park and we'll be dealing with that in the fall.

If I could also say that the treaty that was recognized, and because the
crown obtained a conviction they are not in a position to appeal, the
treaty allows for a new frontier to be opened up to us, 400 miles north
to south by 800 miles east to west extending west from Oshawa for
unfettered, unmolested, no law can be made to circumvent the treaty and
realistically you know I feel that issues in and around Toronto you know
we have a saying around here that every issue is a hunting issue and the
government laughs because, well they don't find it amusing, but we say
it in order that we bear arms at most issues. In that area west of
Oshawa, every issue could be a hunting issue as well right up to Lake
Huron.

There's a hell of a lot of parks and lands that could be harvested from
and we are looking at those areas and every provincial park that the
government has its eye on or feels that it has vested in its interest we
are looking at those areas and hopefully we can advance the cause and
deal with the need for food and the need for instilling pride amongst
our people as well as non-Native people in and around those areas.

So it isn't something that's seen to be a closed issue and I think it
scares the hell out of people when the words of our ancestors, made in
1701 are coming back and biting them on the ass again. I think people
within our community are pretty proud of the fact that for one of the
first times ever we were acknowledged as a nation of people and
continuing to be the same people as our ancestors, carrying on the
legacy of maintaining a way and means for our kids in the future to
come. Not talking of looking out for generations to come but going out
and fighting for it, fighting for it in the streets, fighting for it in
this province and in this country and people are pretty proud of that.
And I'm looking forward to what we can muster out of it as well.

OR: It certainly brings to mind some interesting possibilities that I am
sure have run through your mind as well, the wording of the ruling would
suggest possibilities such as some of you coming down to hunt squirrels
in Allan Gardens or the ducks in Grenadier Pond. That might be, if not
the most productive way, certainly an interesting way to test the
government on upholding this treaty.

SB: Well we are monitoring the squirrel level in Allan Gardens right now
and it may be that the population is a little too high. If anyone hears
any gunfire in and around the area it may not just be the cops out
shooting people again, it might be some Mohawks in the area traveling
through in a hunting party. It could very well be an interesting next
year as well.

OR: Thanks very much Shawn

SB: OK talk to you later.

OCAP radio is heard every Friday night in Toronto between 6:10 and 6:45
on CKLN 88.1 FM.