The Metis in Ontario have constitutionally protected rights to harvest fish for food, social, and ceremonial purposes within their traditional territories. However, the requirements for exercising these rights can vary depending on specific circumstances. Here’s a detailed overview:

Metis Harvesting Rights in Ontario

In 2003, the Supreme Court of Canada’s landmark decision in R. v. Powley recognized that the Metis community in and around Sault Ste. Marie has an Aboriginal right to hunt for food under Section 35 of the Constitution Act, 1982. This decision established the “Powley Test” to determine which Metis individuals and communities can exercise Aboriginal harvesting rights, including fishing.

Following the Powley decision, the Metis Nation of Ontario (MNO) and the Ontario government signed the Framework Agreement on Metis Harvesting in 2018. This agreement recognizes the MNO’s Harvester Card system and allows MNO citizens who meet the Powley Test criteria to harvest fish and other resources within identified Metis Harvesting Areas without requiring a recreational fishing license from the province.

Metis Harvester Card and Requirements

To exercise their fishing rights in Ontario, Metis individuals must obtain a Metis Harvester Card from the MNO. The card is issued based on the following requirements:

  1. Self-identification as Metis
  2. Ancestral connection to a historic Metis community
  3. Acceptance by a contemporary Metis community

Metis Harvester Card holders must also purchase an annual Metis Conservation Trust Fund sticker and follow the MNO Harvesting Policy, which includes conservation measures and reporting requirements.

Fishing Within Traditional Territories

Metis Harvester Card holders can fish for food within the identified Metis Harvesting Areas without a recreational fishing license from Ontario. However, if they fish outside these areas or for purposes other than food, social, or ceremonial uses, they must obtain a regular fishing license and follow provincial regulations.

It’s important to note that the Metis harvesting rights are site-specific and can only be exercised within the traditional territories of the respective Metis communities, as determined by the Powley Test.

Exceptions and Considerations

There are a few exceptions and considerations regarding Metis fishing rights in Ontario:

  • Members of Indigenous communities with established Aboriginal or treaty fishing rights in Ontario can fish without a license while fishing within their traditional or treaty area, or when taking fish for food, social, or ceremonial purposes.
  • If a Metis individual fishes outside their traditional territory or for commercial purposes, they may require a commercial fishing license from the province.
  • The Metis harvesting rights are subject to conservation measures and regulations imposed by the government for purposes such as public safety and resource management.

In summary, while Metis individuals in Ontario have constitutionally protected rights to harvest fish for specific purposes within their traditional territories, they must obtain a Metis Harvester Card from the MNO and follow the associated regulations and policies. When fishing outside these parameters, they may need to obtain a regular recreational or commercial fishing license from the province.

Metis Harvesting Areas in Ontario

The Metis Nation of Ontario has identified seven historic Metis communities in Ontario, each with its own defined Metis Harvesting Area. These areas are:

  1. Sault Ste. Marie
  2. Northern Lake Superior
  3. Michipicoten
  4. Northern Lake Huron
  5. Georgian Bay
  6. Southern Ontario
  7. Northwestern Ontario

The Metis Harvesting Areas Map provides a visual representation of these territories, where Metis Harvester Card holders can exercise their fishing rights without a provincial license.

Applying for a Metis Harvester Card

To apply for a Metis Harvester Card, Metis individuals must submit an application to the MNO Registry, along with supporting documentation to prove their eligibility based on the Powley Test criteria. The application process involves the following steps:

  1. Complete the Harvester's Certificate Application form, available on the MNO website.
  2. Provide proof of Metis ancestry and connection to a historic Metis community.
  3. Obtain approval from the local Metis community or Chartered Community Council.
  4. Submit the application to the MNO Registry for review and verification.

Once approved, the applicant will receive a Metis Harvester Card, which must be renewed annually by purchasing the Metis Conservation Trust Fund sticker.

Responsible Harvesting and Conservation

The Metis Nation of Ontario emphasizes the importance of responsible harvesting and conservation practices. The MNO Harvesting Policy outlines guidelines for sustainable harvesting, such as:

  • Respecting closed seasons and spawning periods for certain species.
  • Adhering to bag limits and size restrictions.
  • Reporting harvesting activities to the MNO for data collection and resource management purposes.

By following these guidelines, Metis harvesters can help ensure the long-term sustainability of fish and wildlife populations within their traditional territories.

Collaboration and Data Sharing

The Framework Agreement on Metis Harvesting between the MNO and the Ontario government establishes a unique information and data sharing protocol. The MNO is committed to sharing data collected about the Metis harvest with the Ministry of Natural Resources and Forestry (MNRF) to assist in the provincial management of natural resources.

This collaborative approach aims to promote responsible resource management while respecting and accommodating Metis harvesting rights.