No Charges Laid to 2 People Caught in Sanctuary....WTH

[[email protected]]

According to the Ganaraska Fishway page, 2 people were caught by PHPS for fishing in the sanctuary last week. A follow up revealed that no charges were laid because they are native. I can understand the special rules regarding their rights to access of game, but fishing in a sanctuary is beyond comprehension!

https://www.facebook...?type=3

 

[lucario]

we in the business call this a case of a very lucky ass-hole
very technical term

 

[NMCMLK]

Another shining example of how our government creates the opportunity for these kind of exploits. IMO they should be charged even more; if they rely on fish for food (which is the core of the argument) then they should know quite well what they are doing wrong as they must fish very very often.

 

[Rain-Bow]

we in the business call this a case of a very lucky ass-hole
very technical term

The natives here know they can get away with it. It wasn't luck.

 

[[email protected]]

its complete lack of respect, they were literally fishing in a foot of water in the sanctuary which was stacked with fish. they should be charged like anyone else. its one thing to be able to hunt and fish out of season, but to fish in a sanctuary crosses the line

 

[staffman]

We are lucky they allow us to fish in their waters.

 

[myspacedave]

interesting...

 

[alwayscatching]

Charging them even more will cause such a huge problem. Right now there are so many issues not regarding fishing they face as a people, like the recent mass suicide, and they don't need to stir the pot.


Another shining example of how our government creates the opportunity for these kind of exploits. IMO they should be charged even more; if they rely on fish for food (which is the core of the argument) then they should know quite well what they are doing wrong as they must fish very very often. [/quote]

 

[Rain-Bow]

It's the non-native meat hunters who have damaged the fishery there. A couple natives practicing their rights isn't a big deal.

 

[iJay]

This is interesting - there is a story for both sides......

 

[rich_ace_G]

This is a very interesting take. Mixed reactions from angler communities...we are too protective of the waters we fish. This is a very touchy subject. On their POV...they probably don't see it as a sanctuary...it's pretty much as simple as..."this is where we can easily catch fish....for food"...

 

[instapump416]

I thought natives have the right to fish any bodies of water, even dams and fishing sanctuaries.

 

[Dozer]

A fish sanctuary should be just that... a sanctuary for fish. No one should be able to fish it.

 

[tossing iron]

I see the same thing prior to walleye opener.
Natives dip netting the fast water.
I'm certainly not schooled enough to argue right or wrong on the issue.
I do know they were screwed years back though.

 

[alwayscatching]

A fish sanctuary should be just that... a sanctuary for fish. No one should be able to fish it.

As much as I agree, they don't see it that way. They see it as their land and their right. It's very tough.

 

[rich_ace_G]

If you look at it in their POV, it was never a sanctuary to begin with.It was made a sanctuary to balance the fish population caused mainly by fishing pressure.

 

[NMCMLK]

Taken from the 2016 Recreational Fishing License Information:

"Aboriginal people: Many Aboriginal peoples in Ontario hold Aboriginal or treaty rights to fish. MNRF is committed to respecting these constitutionally-protected rights. After conservation goals are met, Aboriginal and treaty rights to fish take priority before allocation and management of the resource for other purposes. Aboriginal rights to fish stem from customs, practices or traditions that are integral to the distinctive culture of an Aboriginal community. Treaty rights to fish are reserved through treaties between the Crown and Aboriginal peoples. Aboriginal and treaty rights are collectively held and are associated with an Aboriginal community’s traditional or treaty territory. These rights are not generic and different communities may hold different rights. Aboriginal and treaty rights to fish can be exercised using modern means. Members of Aboriginal communities generally do not require an Ontario fishing licence when fishing for food, social or ceremonial purposes within their traditional or treaty territory. Aboriginal individuals should be prepared to provide identification showing their community membership if requested by a Conservation Officer. Members of Aboriginal communities fishing outside of their traditional or treaty area must hold a valid fishing licence and follow the corresponding seasons, limits, slot sizes and gear restrictions, or have written permission from a First Nation to fish"

So what I gather from this is that conservation goals are unaffected?
What I find confusing is that it "stems from customs, practices or traditions that are integral to the distinctive culture of an Aboriginal community"..when everyone knows they live a lifestyle not so different from the rest of Ontarians, proven by this photo. So why can't they just wait only a few weeks more? Are they really going to starve in that time? If they're hunters/anglers shouldn't they have stocked food from the fall?

They know the loophole they're exploiting; what does this show about their respect for conserving and preserving species populations? I think they should be setting a better example for their communities. You can bet they aren't the only ones :???: it just seems ignorant to me; they know that the ganaraska is pressured.

 

[NMCMLK]

Also I'm assuming Port Hope is part of their treaty territory?

 

[rich_ace_G]

Taken from the 2016 Recreational Fishing License Information:

"Aboriginal people: Many Aboriginal peoples in Ontario hold Aboriginal or treaty rights to fish. MNRF is committed to respecting these constitutionally-protected rights. After conservation goals are met, Aboriginal and treaty rights to fish take priority before allocation and management of the resource for other purposes. Aboriginal rights to fish stem from customs, practices or traditions that are integral to the distinctive culture of an Aboriginal community. Treaty rights to fish are reserved through treaties between the Crown and Aboriginal peoples. Aboriginal and treaty rights are collectively held and are associated with an Aboriginal community’s traditional or treaty territory. These rights are not generic and different communities may hold different rights. Aboriginal and treaty rights to fish can be exercised using modern means. Members of Aboriginal communities generally do not require an Ontario fishing licence when fishing for food, social or ceremonial purposes within their traditional or treaty territory. Aboriginal individuals should be prepared to provide identification showing their community membership if requested by a Conservation Officer. Members of Aboriginal communities fishing outside of their traditional or treaty area must hold a valid fishing licence and follow the corresponding seasons, limits, slot sizes and gear restrictions, or have written permission from a First Nation to fish"

So what I gather from this is that conservation goals are unaffected?
What I find confusing is that it "stems from customs, practices or traditions that are integral to the distinctive culture of an Aboriginal community"..when everyone knows they live a lifestyle not so different from the rest of Ontarians, proven by this photo. So why can't they just wait only a few weeks more? Are they really going to starve in that time? If they're hunters/anglers shouldn't they have stocked food from the fall?

They know the loophole they're exploiting; what does this show about their respect for conserving and preserving species populations? I think they should be setting a better example for their communities. You can bet they aren't the only ones :???: it just seems ignorant to me; they know that the ganaraska is pressured.

IBecause they'd rather fish without the crowd....the garbage...too many factors...

 

[[email protected]]

IBecause they'd rather fish without the crowd....the garbage...too many factors...

on that point though, they are allowed to fish anywhere, whether it be out of season or not, why fish a sanctuary?

TBH i don't believe natives in this area of Ontario are not struggling more or less than anyone else, the ones that are, are the ones too lazy to get off their butts and find work, theres lots of work available this time of year, especially in a rural area, lots of farmers need help getting their fields ready. so sanctuaries, although part of their 'Native Treaty' should be off limits. I mean they could go fish the entirety of the closed sections, where there are tons of fish right now