Title | Forest management in Alberta and rights to hunt, trap and fish under Treaty 8 |
Publication Type | Journal Article |
Year of Publication | 1998 |
Authors | Ross, M. M., & Sharvit C. |
Volume | 36 |
Issue | 3 |
Pagination | 645-691 |
Publisher | Alberta Law Review |
Publication Language | en |
ISBN Number | 0307-9201 |
Keywords | constitution, Cree, Dene, First Nations, fish, forest management, hunt, Natural Resources Transfer Agreement, timber harvesting, trap, Treaty 8, treaty rights |
Abstract | In this article, the authors discuss the principles of interpretation applicable to treaties and how these principles apply to Treaty 8. This analysis leads to the suggestion that Alberta's current regulatory scheme for allowing and managing timber harvesting rights over traditional lands of the Cree and Dene (signatories of Treaty 8) may breech the treaty. The authors further consideration of Treaty 8 and the Natural Resources Transfer Agreement (NRTA) in relation to constitutional principles - division of powers s.35(1) of the Constitution Act, 1982. Finally, the authors demonstrate that the rights to hunt, trap and fish, guaranteed to the signatories of Treaty 8 and confirmed by NRTA, exist today and are arguably being infringed unjustifiable by Alberta's forest management regime. |
Topics | First Nations, treaty rights, Treaty 8, forest management |
Active Link | |
Group | CEMA |
Citation Key | 22120 |