Métis Harvesting in Alberta

In the 2003 R. v. Powley[1]decision, the Supreme Court of Canada recognized for the first time that the Métis have an Aboriginal right to hunt for food under section 35(1) of the Constitution Act, 1982.[2]

In 2004, the Métis Nation of Alberta (MNA) and the Government of Alberta agreed to the implementation of the Interim Métis Harvesting Agreement (IMHA).[3] The IMHA provided that members of the MNA could engage in year-round hunting, trapping, or domestic fishing (“harvesting”) for subsistence on all unoccupied provincial Crown lands in Alberta (subject to conservation and safety restrictions).

In 2007, the IMHA was replaced by the Sustainable Resource Development “Métis Harvesting in Alberta” Policy (the “SRD Policy”).[4] The unilateral development and implementation of the SRD Policy by the Alberta government has been rejected by the MNA on the grounds that it fails to fully recognize the Métis right to harvest.

In particular, the MNA argues that the SRD Policy only allows some Métis to exercise their right to harvest, under limited circumstances, and only within small, designated areas across Alberta. What the MNA seeks is provincial codification of the Powley decision allowing all members of the MNA the right to harvest on all unoccupied Crown lands (a substantial portion of land in Alberta).

Since the termination of the IMHA, approximately twenty-five members of the MNA have been charged with offences under the Wildlife Act[5]and the Fisheries (Alberta) Act[6] while engaging in hunting and fishing activities. In the context of the above-noted charges, the MNA has filed a suit in the Court of Queen’s Bench of Alberta challenging the constitutional validity regulatory regime embodied in the SRD Policy.

Some of the members charged are scheduled to appear in provincial court on February 10, 2009.

[1] R v Powley, 2003 SCC 43, [2003] 2 SCR 207.
[2] Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK), 1982 c. 11.
[4] Alberta Sustainable Resource Development, Métis Harvesting in Alberta (5 July 2007).
[5] Wildlife Act, RSA 2000, c W-10.
[6] Fisheries (Alberta) Act, RSA 2000, c F-16.

Edmonton Plans to Deal with Aggressive Panhandlers

Edmonton has begun looking for ways to deal with aggressive panhandlers in public places. The Edmonton Police Service is most concerned with a group of 20 or 30 panhandlers who can make as much as $400 a day, and who police estimate were responsible for 90 percent of complaints filed last year.[1]

Mayor Mandel has suggested looking to Saskatchewan as a model for dealing with the problem.[2]Saskatoon passed a bylaw in 1999 to control and regulate panhandling in public places.[3] The bylaw prohibits panhandling within 10 meters from a bus stop, an automated teller, the doorway to a bank, and from parked cars, including those stopped at traffic lights. The penalties for a violation range from $100 for a first offence to $10,000 for repeat offenders. Calgary passed a similar panhandling bylaw, also in 1999, but it limits fines for a violation to $100.[4] Edmonton police are proposing a fine of $250.

In the B.C. Supreme Court case Federated Anti-Poverty Groups of BC v. Vancouver (City),[5] similar panhandling legislation was challenged on the grounds that it infringed sections 2(b), 7, and 15 of theCanadian Charter of Rights and Freedoms.[6] However, the B.C. court held that the bylaw did not infringe these sections of the Charter, and upheld the legislation as constitutional.

The proposed Edmonton bylaw is currently being discussed by City Council, but no legislation has yet been drafted.

[1] CBC News, “Some panhandlers making $400 a day: police” (26 Jan 2009).
[2] Gordon Kent, “Mayor says Saskatoon's approach worth exploring” The Edmonton Journal (20 June 2007).
[3] The Panhandling Bylaw, City of Saskatoon Bylaw 7850 (10 May 1999).
[4] Panhandling Bylaw, City of Calgary Bylaw 3M99 (8 March 1999).
[6] Canadian Charter of Rights and Freedoms, Part I of the Constitution Act, 1982, being Schedule B to the Canada Act 1982 (U.K.), 1982, c. 11 (CanLII)