Harvesting rights

• are protected under the Constitution Act;
• include traditional harvesting activities, such as fishing, hunting, trapping, and gathering plants, fungi, and timber; and
• in general, only apply within the ancestral territory of your Aboriginal community.

Who has Aboriginal rights in Canada?

Aboriginal rights apply to:

• First Nations,including status Indians and non-status Indians;
• Inuit; and
• Métis.

Traditional activities

Aboriginal rights, including Aboriginal harvesting rights, are based on traditional activities. In general, these are activities that were practised before contact with Europeans (for First Nations and Inuit) or before Europeans took control over the area(for Métis).

However, these activities can be carried out using modern methods. For example, if hunting used to be done with a bow and arrow and is now done with a rifle, the right to hunt doesn't change.

Aboriginal harvesting activities

Aboriginal harvesting rights may include the right to:

• hunt,
• fish,
• trap, and
• gather plants, fungi, or timber.

Aboriginal rights may also include the right to:

• trade,
• barter, or
• sell your harvest.

However, the right to trade, barter, or sell isn't recognized in provincial regulations. Currently, the government won't recognize a right to sell unless your right has been proven in court or negotiations.

If you've been charged with a harvesting offence, such as illegally hunting or fishing:

• You have the right to get a lawyer.
• Aboriginal harvesting offences are covered by Legal Aid BC.
• Call Legal Aid immediately to find out if you qualify for a free lawyer.

If you don't qualify for legal aid, it's still a very good idea to get legal advice. Call Legal Aid to find out what your options are.

What if I'm not eligible for a legal aid lawyer?

Aboriginal harvesting rights cases can be complex. It's a good idea to get legal help.

Your Aboriginal community may be able to help

If you're not eligible for legal aid, your Aboriginal community may be willing to help pay for a lawyer. This will depend on the circumstances of your offence and the circumstances of your Aboriginal community.

Other legal help

You may be able to discuss your matter with duty counsel, who will provide you with free legal advice.

You may also be able to get legal information and support from:

• Aboriginal community legal workers
• Legal information outreach workers
• Native courtworkers

What other options do I have?

Restorative justice

If you're willing to take responsibility for your actions, you may be able to participate in an Aboriginal restorative justice program.

Restorative justice:

• is based on Aboriginal healing traditions, and
• focuses on repairing the harm done by your actions.

You, your community, and those affected by your actions will work together to restore harmony and move forward.

In order to participate in a restorative justice program, the Crown counsel must agree to your participation in the program as a way to resolve the charges against you.

Talk to your lawyer about what's best for you.

First Nations Court

It’s very important to get legal advice before you plead guilty, in order to understand your Aboriginal hunting and fishing rights.

If you plead guilty to the charges, and Crown counsel agrees to it, you may be able to have your matter heard in First Nations Court.