Title | The trapping rights of Aboriginal peoples in northern Alberta |
Publication Type | Book |
Year of Publication | 2005 |
Authors | Passelac-Ross, M. |
Publication Language | en |
Keywords | NRTA, resource development, trapping rights, Treaty 8 |
Abstract | The intent of this report is to examine "the legal nature of the trapping rights of Treaty beneficiaries in Alberta and what survives of these rights a century later." It also aims, focusing on the signatories of Treaty 8, to answer the following questions: "What remains of the right to trap recognized by Treaty 8? How has the right evolved over time? How is it viewed by Aboriginal peoples, by government? And how is it affected by resource development?" The report is comprised of six sections. The first is a brief introduction and the second an historical overview of trapping from the fur trade era to present day, the circumstances of Treaty 8, the Natural Resources Transfer Agreement, and the regulation and erosion of trapping rights. The third section discusses the different interpretations of trapping rights (both the original right and the modifications under NRTA) held by the courts, Aboriginal peoples, government, and experts, illuminating the sharp contrasts in opinion. Section four looks at the regulation of trapping rights under provincial wildlife legislation and compares the limitations of the registered trapline system with Aboriginal perceptions of trapping rights. Section five then turns to resource development and its impact on trapping, including policy entitlements of notification and compensation for affected trappers and the lack of government acknowledgement or enforcement of trapping rights. The final two sections call for a more generous interpretation and redefinition of the right to trap, as well as outlining the need for consultation and negotiation between government and First Nations. The report is rounded out with a bibliography of cited literature. |
Notes | Research project funded by the Alberta Law Foundation, for the Canadian Institute of Resources Law |
URL | http://dspace.ucalgary.ca/bitstream/1880/47194/1/OP15Trapping.pdf |
Active Link | |
Group | CEMA |
Citation Key | 25030 |