Supreme Court of Canada: Night Hunting with Lights OK

The Supreme Court of Canada ruled today in a case about aboriginal hunting and treaty rights on Vancouver Island. Two Tsartlip (Coast Salish; Southern Vancouver Island) men were convicted under the BC Wildlife Act of hunting with the aid of a light after they shot a decoy deer at night. In the ruling which overturns the convictions, the judges cited treaty rights dating to the North Saanich Treaty of 1852 (a Douglas Treaty) and acknowledged the right of First Nations people to modernize their hunting techniques:

The Tsartlip’s right to hunt at night with the aid of illuminating devices is protected by the North Saanich Treaty. The historical context indicates that the parties intended the treaty to include the full panoply of hunting practices in which the Tsartlip people had engaged before they agreed to relinquish control over their lands. One of those practices was night hunting and, as the trial judge acknowledged, night hunting by the Tsartlip includes, and always has included, night hunting with the aid of illuminating devices. Even on a literal construction, the language of the treaty supports the view that the right to hunt “as formerly” means the right to hunt according to the methods used by the Tsartlip at the time of and before the treaty. The right of the Tsartlip to hunt at night with illuminating devices has of necessity evolved from its pre‑treaty tools to its current implements, and the use of guns, spotlights, and motor vehicles reflects the current state of the evolution of the Tsartlip’s historic hunting practices.

CBC.ca has coverage of the story. The Union of BC Indian Chiefs has issued a press release.

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