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Mixed Reaction on Night-Lighting Decision

By 250 News

Thursday, December 21, 2006 12:25 PM

 
The Supreme Court of Canada, in a 4 to 3 decision, has ruled aboriginal night lighting for game is legal.
The Court ruled today that the treaty signed with the Tsartlip people in 1812 allows for the natives to hunt in a traditional manner.
The Court ruled that in the past, the natives hunted with torch lights and bows and arrows and the natural progression is now to guns, motor vehicles, and spotlights. That, they ruled, reflects the current state of evolution.
Former Wildlife biologist, and a leading authority on moose, Ken Child, was suprised to hear the decision“You gotta be kidding.  What sort of a precedent will this establish?” he asked.
Child was the catalyst who introduced measures when the Moose population declined in the province.
 
The decision is till being  examined by  those with the provincial Ministry of the Environment.  One  commented that he was trying to digest the decision and also get his mind around it. From the surface he said this raises a whole lot of questions with regards to aboriginal hunters. Yet another official, who cannot be identified, said, it may come as a surprise but I don’t think it will have a significant impact on hunting in the province. Look at it this way, the only increase in hunting has been in the seniors in this province, there has been a huge drop in the number of young people taking up the sport as we become more urbanized. Young aboriginal kids are the same as ours they just want to sit around and play video games, not go hunting.
   
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So they allow historical claims, privelages and rights, I'm fine with this. But at the same time, to allow the added bonus of modern technology is absurd. But hey, it sounds fair...maybe the modern invention of dynamite or electric prods can be used to harvest fish from the river? Couln't that be considered a modern equivelent of ancient fishing techniques?
ARE WE REGRESSING TO THE DAYS WHEN HERDS OF BISON USED TO BE HERDED AND RUN OFF OF THE EDGE OF CLIFFS BY THE THOUSANDS ??? WHEN ARE OUR SPINLESS POLITITIONS AND JUDGES GOING TO STAND UP TO THE NATIVES AND TELL THEM TO @4&K @#F..
Let the aboriginals fish with their canoes and from the seashore or riverside. No seiners, trawlers, draggers, purse netters and such. Like their ancestors did. They wanna "pitlamp?" Let them use torches from days of yor. And with no guns like before the white man came along. Every one is equal in this country. Some more than others. Cynicism dwells very close to the surface in some people. Which in itself is too bad. Alas! By the way, I would be curious to see aboriginal furniture. That was one reason aboriginals were given the right to cut down trees. Gonna keep an eye out fer aboriginal furniture in the local antique shops. Should be worth a pretty penny. Imagine! A First Nations ottomon or Lazi-boy! Wow!!! What a country!!
The notion that the ancient Tsartlip people used torches to pitlamp with is absurd. I have no doubt in my mind that they hunted at night, on a clear night with a good moon you can see fairly clearly, but a torch is no-where near powerful enough to stun a Moose. I can believe that torchlight could be use to draw a curious animal in (just like heavy machinery does in the bush), but using a torch to stun an animal like a modern 10,000 cadle watt power can - gimme a friggin break here.

How did something like this ever get to the supreme court?

The safety issues of shooting a firearm in the dark are huge. A person using a firearm has to be absolutely clear of what is behind the target, how is one supposed to do that at night? A strong cartridge like a 30-06 or 300 win mag can travel over 5 or more km and be a serious threat to anyone it hits.
>"The Court ruled today that the treaty signed with the Tsartlip people in 1812 allows for the natives to hunt in a traditional manner."<

Fine. But to get the hunting grounds in airconditioned 4X4s, guided by GPS, armed with 20 million candle power spotlights and telescopic sights equipped hunting rifles has absolutely nothing to do with "traditional manners."

The Supreme Court of Canada may occasionally come down with unwise rulings in its own traditional manner, like any other group of human beings.

Evolution means: evolving, from the traditional to new methods, insights and standards.

Traditionally witches were burned at the stake at one time.

Would it be wise to say that it would be justifiable to burn them by more modern methods such as a microwave oven?

:-)
Hopefully/unfortunatley the bullet could travel to the other end of the moose and hit the party "pitlamping" the back end of the same moose. Could happen. Kinda risky depending on which end of the moose you happen to be stalking.
Yes diplomat I agree...especially about the spotlights!
Obviously the powers that be can`t see the forest from the trees, thus the use of flashlights rather than torches.





































I wonder what traditional medicines were used to treat someone accidentally shot in the dark from someone leaning out of a pick-up truck, 300 years ago.

Again, not being a hunter I have no clue what the regulation is. It sounds like there is a prohibition against night hunting, whether it is by the moonlight or by artificial light. It also sounds like the case was first won for the Crown due to the safety issue.

What the court might be saying based on the article, rather than on reading the decision, is that safety is not a fundamental upon which treaty rights rest.

In other words, First Nations may be allowed to ride on motorcycles, the natural progression from horses, without wearing helmets.

;-)
Diplomat. At first I thought you were describing how Canadian Soldiers hunt the Taliban in Afghanistan. Travelling in 4x4's at night,guided by GPs, with night vision goggles, using high powered rifles deadly at a distance of 1 to 1.5 miles. Silencers. There are some hunting practices that are much more dangerous that pitlamping deer.

I suspect that there are more deer killed on the Highways than will ever be killed by Natives hunting in Canada, night or day. I quit hunting years ago, so they can have my portion.
The real issue here is the stupidity of our Judges and High Courts. Can't believe they don't have more serious issues to deal with than natives pitlamping. Who on earth brought this issue forward anyway? And how many people does this really effect?

So, we just continue to allow these folks make idiotic decisions without being accountable? Let's take them to task. Call your Members of Parliament and protest.

Let's face it, why would our natives want to hunt at all when our local governments airlift cattle onto their reserves for them. (Portage) Chester
I think this is a very good isue for the federal government to step in and legislate a reality check on the courts.
CHAD ... GOOD IDEA.. BUT IT WILL NEVER HAPPEN. THE FEDERAL GOV'T IS CONTROLLED BY THE LEGAL SYSTEM. ALWAYS HAS BEEN AND ALWAYS WILL BE. SAD BUT TRUE..
EXAMPLES OF DIRECTOR’S DECISIONS taken from BC Hunting Synopsis

Case #2: Hunter used lights while hunting in the dark.

● The Director considered that the action posed a threat to public safety and was a demonstration of bad hunting ethics (not fair chase).
● Penalty: Firearm and hunting licences suspended for 4 years. Ordered to complete CORE.


Following is from BCWF Hunter Code of Ethics
1. Ethical hunters support the concept of "fair chase".
2. Ethical hunters are skilled in the use of the tools of hunting. When we shoot, we do so accurately and safely.
The above posted I assume will be null and void after this appaling ruling by the supreme court?
Why do they have to hunt at night anyway, Daylight is much better, as you can see what you are shooting at. I would think it much better gutting, and skinning, quartering, etc. the dead animal in the daylight also.
I guess they are just TOO LAZY or TOO HUNG OVER to get their butts out of bed to hunt in the daylight.