Contenu de la décision
'M.atfiias Co{om6 Cree :Natiorz
Mathias Colomb Cree Nation HARVESTING LAW 2025 Enacted on May 15, 2025 Preamble A. Mathias Colomb Cree Nation wishes to exercise, through this law, its inherent rights of self-governance as well as its by-law powers under s. 81 of the Indian Act, RSC 1985, c 1-5; and
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The Council of Mathias Colomb Cree Nation wishes to pass this law, and repeal its predecessors, in the best interests of Mathias Colomb Cree Nation.
NOW THEREFORE the Council of Mathias Colomb Cree Nation enacts as follows: Citation 1. This law may be cited as the Mathias Colomb Cree Nation Harvesting Law, 2025. Definitions 2. In this law, a. "Council" means the duly elected Council of the Mathias Colomb Cree Nation, and includes the Chief and Councillors.
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"Conservation Officer" means an Officer appointed under this Harvesting Law. "Deleterious Substance" means any substance that, if added to any water, would degrade or alter or form part of a process of degradation or alteration of the quality of that water so that it is rendered or is likely to be rendered deleterious to Fish or Fish habitat or to the use of humans, animals, or Fish that frequent that water.
"Fish" includes all marine animals.
Mathias Colomb Cree Nation Harvesting Law, 2025
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"Fishing" means fishing for or catching fish by any method.
"Fur Bearing Animal" includes a bear, fox, beaver, mink, otter, fisher, marten, muskrat, skunk, raccoon, weasel, bobcat, lynx, coyote, squirrel and varying hare.
"Game" means any vertebrate animal or bird, excluding fish, amphibians and reptiles, that is wild by nature, and includes deer, moose, elk, caribou and fur bearing animals.
"Harvesting Law" means this law, the Mathias Colomb Cree Nation Harvesting Law, 2025.
"Harvesting Permit" means an issued harvesting permit for non-Mathias Colomb Citizens to hunt on Mathias Colomb Lands, Mathias Colomb Waters, and Mathias Colomb Reserves.
"Hunting" means taking, wounding, killing, chasing, pursuing, worrying, capturing, following after or on the trail of, searching for, shooting at, stalking or lying in wait for any game, whether or not the game is subsequently captured, wounded or killed, and "Hunt" has a corresponding meaning.
"Mathias Colomb Citizen" means a person whose name appears on the Mathias Colomb Cree Nation membership list or citizenship list, or who is entitled to have his or her name appear on the Mathias Colomb Cree Nation membership or citizenship list, as determined by such law of Mathias Colomb Cree Nation with respect to membership or citizenship as may be in force from time to time, or if none, as determined by Mathias Colomb Cree Nation.
"Mathias Colomb Lands" means any lands within Mathias Colomb Cree Nation's traditional territory.
"Mathias Colomb Waters" means all waters situated upon or within the boundaries of Mathias Colomb Lands or Mathias Colomb Reserves.
"Mathias Colomb Reserves" means the Pukawatagan Indian Reserve and all other reserves set aside the benefit of Mathias Colomb Cree Nation, and "Mathias Colomb Reserve" means any of them.
"Officer" means a police officer, peace officer, First Nation Safety Officer authorized by Mathias Colomb Cree Nation, or other enforcement officer appointed by Mathias Colomb Cree Nation.
"Regulations" means the Hunting and Trapping regulations attached under Schedule "D", and the Fishing regulations attached under Schedule "E".
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"Trapping" means taking or attempting to take game by snare (any taking of game whereby it is caught by a noose) or trap (any taking of game whereby it is caught by any spring trap, deadfall or net), and "Trap" has a corresponding meaning.
Application & General
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This Harvesting Law and its Regulations applies on Mathias Colomb Lands, Mathias Colomb Waters, and Mathias Colomb Reserves.
The Council may appoint Conservation Officers and other Officers to enforce this Harvesting Law.
Nothing in this Harvesting Law will infringe upon or diminish the constitutional rights of Mathias Colomb Cree Nation or Mathias Colomb Citizens.
No person must Hunt, Fish or Trap on Mathias Colomb Lands, Mathias Colomb Waters or Mathias Colomb Reserves except as set out in this Harvesting Law.
Notwithstanding any Section of this Harvesting Law, any person may Hunt, Fish or Trap when it is absolutely necessary for human safety, the prevention of injury, or the prevention of damage to private property. In such a case, the person must immediately report the incident and surrender the animal to an Officer or to the Council.
All sections of this Harvesting Law will apply to Mathias Colomb Citizens except those who have received permits. Subject this Harvesting Law, Mathias Colomb Citizens may engage in Hunting, Fishing and Trapping on Mathias Colomb Lands and Mathias Colomb Reserves without limitation .
Permits for Non-Citizens
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Any person who is not a Mathias Colomb Citizen must not Hunt, Fish or Trap on Mathias Colomb Lands, Mathias Colomb Waters, or Mathias Colomb Reserves without a Harvesting Permit.
Any person who is not a Mathias Colomb Citizen may apply to Mathias Colomb Cree Nation for a permit to Hunt, Fish or Trap on Mathias Colomb Lands, Mathias Colomb Waters, or Mathias Colomb Reserves using the Harvesting Permit Application attached under Schedule "A", and must supply all information requested on the Harvesting Permit Application, and any further information reasonably requested by Mathias Colomb Cree Nation.
Where a person has applied for a Hunting Permit under Section 10 and Mathias Colomb Cree Nation determines that:
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the issuance of a Harvesting Permit will not detrimentally affect the species in respect of which the Harvesting Permit is sought and the environment; and
Mathias Colomb Cree Nation Harvesting Law, 2025
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the applicant is, as reasonably determined by Council, to be a suitable person to posses a Harvesting Permit,
the Council or its authorized designate may, if the person has paid the Permit Fee set out in Schedule "C", issue a written Harvesting Permit substantially in the form attached under Schedule "B" authorizing the person to Hunt, Fish or Trap . The Harvesting Permit may specify any additional condition that Council may deem necessary.
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Adherence to this Harvesting Law is a required condition for every Harvesting Permit issued in accordance with this Harvesting Law.
A Harvesting Permit issued under this Harvesting Law is invalid if:
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it is not signed by the person to whom it is issued;
the date of expiry has been omitted, removed or defaced; or the Permit Fee set out in Schedule "C" has not been paid.
Any person who is successful in an application for a Harvesting Permit under this Harvesting Law must pay the Permit Fee set out in Schedule "C" before receiving the Harvesting Permit.
A Harvesting Permit will only be valid for 1 year and may be limited to a more specific time as determined by Council or its authorized designate.
Any person who Hunts, Fishes or Traps under the authority of a Harvesting Permit must have it on his or her person while Hunting, Fishing or Trapping.
The Council or its authorized designate may cancel the Harvesting Permit of any person, after a notice and hearing, if:
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the person has contravened the terms of the Harvesting Permit or of this Harvesting Law;
the person provided false information in their Harvesting Permit Application; or
the Council or its authorized designate, acting reasonably, determines that the continuation of the Harvesting Permit would be detrimental to the protection of a species or of the environment on Mathias Colomb Lands, Mathias Colomb Waters, or Mathias Colomb Reserves.
Enforcement level 1: Confiscation, Warning 18. A person found to be in violation of this Harvesting Law may have any animal harvested confiscated by an Officer.
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A person found to be in violation of this Harvesting Law may be warned by the Officer if the Officer determines that a more serious consequence is not appropriate given the nature of the violation and the circumstances.
Enforcement level 2: Tickets
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If a person has been found by an Officer to be in violation of this Harvesting Law, an Officer may issue a ticket to the individual specifying a fee in the amount set out in Schedule "C".
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A person who has been issued a ticket must pay the ticket fee to the Mathias Colomb Cree Nation within 30 days.
The Mathias Colomb Cree Nation will issue a receipt upon payment.
Enforcement level 3: Offence 21. Violation of this Harvesting Law is an offence that may result in a fine of up to $1,000.00, imprisonment of up to 30 days, or both. If a person receives a ticket in accordance with this Harvesting Law and pays the fee within 30 days, the person will not be charged with an offence.
Continuing Violations
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Should any violation of this Harvesting Law or of any Regulation continue for more than one day, then each day during which such violation continues constitutes a separate violation and the offender may be ticketed and/or charged accordingly.
Schedules
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The Schedules, being the Harvesting Permit Application, attached under Schedule "A", the Harvesting Permit, attached under Schedule "B", the Ticket Fees, attached under Schedule "C", the Hunting and Trapping Regulations, attached under Schedule "D", and the Fishing Regulations, attached under Schedule "E" form part of this Harvesting Law and may be amended by resolution of the Council.
For greater certainty, the Regulations under this Harvesting Law apply to both Mathias Colomb Citizens and non-Mathias Colomb Citizens.
Repeal 25. All prior laws and resolutions of Mathias Colomb Cree Nation including by-laws dealing with or regulating Hunting, Trapping, Fishing or the protection, preservation or management of wild animals including Fish are hereby repealed and replaced with this law, including without limitation:
Mathias Colomb Cree Nation Harvesting Law, 2025
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By-law number 9, a by-law for the preservation, protection and management of fur bearing animals and other game, passed on April 22, 1997; and
the by-law dated January 15, 1990, for the protection, preservation and management of fish.
Other
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If any part of this Harvesting Law is found to be invalid or unenforceable, the section affected will be read down to eliminate the impugned portion and the remainder of this Harvesting Law will remain in force.
Coming into Force 27. This Harvesting Law comes into force after it is enacted by the Council of Mathias Colomb Cree Nation, on the date it is first published on the Mathias Colomb Cree Nation website, in the First Nations Gazette, or in a newspaper that has general circulation on the Mathias Colomb Reserves, whichever the Council considers appropriate in the circumstances.
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SCHEDULE A
HARVESTING PERMIT APPLICATION
:Matliias Cofom6 Cm:
atiou
1. Applicant's name:
2. This application is for (check one - if you plan to do more than one of these activities, you must apply for an additional permit):
D Hunting
D Trapping
D Fishing
3. Applicant's contact information:
Phone:
Email:
Mailing Address:
4. Applicant's birth date (DD Month, YYYY): __________
Age: _____
Please indicate the names of any children under 16 who will participate under your supervision:
5. Are you a member of any other First Nation? (FN name): _____ ________ 6. Species to be hunted, trapped or fished and quantity desired (be specific; you may indicate more than one species)
Species: _______________ Quantity desired: _________
Species: _______ ________ Quantity desired: _________ Species: _______________ Quantity desired: _________
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7. Area where the hunting, trapping or fishing will take place:
(describe): _____________________________
Please also attach a clear map where you have indicated the area.
8. If this area is within a trapline held by a Mathias Colomb citizen, please indicate the name of that person, whether you have approached them, and whether you have their permission.
9. Date range when the hunting, fishing or trapping will take place (within a 1 year period): From (DD Month, YYYY): ________ to (DD Month, YYYY): ________ 10. Please describe the equipment and method(s) that you will use:
Please attach proof of any registration or licencing requirements applicable to your equipment (for example, guns).
11. If applying to hunt, please attach a copy of your valid Manitoba Hunter Education Certificate or equivalent recognized in the province of Manitoba.
12. If applying to trap, please attach proof of your completion of the Manitoba Trapper Education Course or equivalent recognized in the province of Manitoba.
13. Are you a resident of a Mathias Colomb Reserve? □ Yes □ No 14. Have you ever had a Harvesting Permit from MCCN before? □ Yes □ No 15. Please tell us about any involvement you have or have had with the MCCN community:
Thank you for applying for a Harvesting Permit. Please note that permit fees are applicable if your application is successful. We look forward to working with you.
Please consult the Mathias Colomb Cree Nation Harvesting Law for further details, including regulations on the conduct of hunting, trapping and fishing.
IT IS AN OFFENCE FOR NON-MCCN CITIZENS TO HUNT, FISH OR TRAP WITHOUT A PERMIT.
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SCHEDULE B
HARVESTING PERMIT
1atliias Cofom6 Cree J{atiou
___________________ (name of permittee) is hereby authorized
to (check one): □ Hunt □ Trap □ Fish under Section 11 of the Mathias Colomb Cree Nation Harvesting Law, 2025, at (location; may attach map):
from (DD Month, YYYY): ________ to (DD Month, YYYY): ________
for the following species, up to the following maximum quantities: Species: ________________ Maximum quantity: _________
Species: ________________ Maximum quantity: _________
Species: ________________ Maximum quantity: _________
Compliance with the Mathias Colomb Cree Nation Harvesting Law, 2025 and all Regulations under it is a condition of this Permit. In addition, the following conditions apply:
1) --------------------------------2) _________________________________
3) ________________________________
Commercial activity and/or sale of animal parts or products is not allowed by this permit unless specifically authorized as a permit condition.
Signature of Council Representative or Designate
Signature of Permit Recipient
Date
Date
Mathias Colomb Cree Nation Harvesting Law, 2025
Permit Fees
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SCHEDULE C
FEES
Fee for a hunting permit issued under Section 10
Fee for a trapping permit issued under Section 10
Fee for a fishing permit issued under Section 10
Fee equivalent to that applied by the province of Manitoba. Refer to Manitoba's Ministry of Sustainable Development, e.g. for 2018 fees, see the Manitoba Hunting Guide 2018.
Fee equivalent to that applied by the province of Manitoba. Refer to Manitoba's Ministry of Sustainable Development, e.g. for 2018 fees, see the Manitoba Trapping Guide 2018.
Fee equivalent to that applied by the province of Manitoba. Refer to Manitoba's Ministry of Sustainable Development, e.g. for 2018 fees, see the Manitoba Angling Guide 2018.
Ticket Fees
Violation of Section 9 (non-citizen hunting, fishing or trapping without a permit)
Violation of a regulation under Sections Error! Reference source not found. or Error! Reference source not found.
$450.00
$100.00
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SCHEDULED
HUNTING & TRAPPING REGULATIONS
1. Every person must not Hunt or Trap in an unsafe manner or without due caution .
2. Without limitation to the above, every person must not discharge a Hunting weapon within 0.5 miles of a dwelling or other location in which people not associated with the Hunting activity are present or may be present.
3. Every person engaged in Hunting must not conceal his or her identity or wear a mask or disguise.
4. Every person engaged in Hunting must not have a loaded Firearm in his or possession while he or she is under the influence of alcohol or drugs.
5. Every person engaged in Hunting or Trapping must not use any poison, explosive or Deleterious Substance for Hunting or Trapping purposes.
6. Every person engaged in Hunting must not use any device which connects a Firearm to a Trap or a remote control which causes a Firearm to discharge on a delayed basis or automatically, without actually requiring a person to press the trigger of such Firearm.
7. Every person under the age of 16 must not engage in Hunting or Trapping unless directly supervised and accompanied by a person over the age of 16 who has all required authorizations.
8. Every person must not Hunt or Trap a quantity of Game that could impact that Game population or the environment without first having presented such proposal to the Mathias Colomb community and having obtained the permission of the Council.
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SCHEDULE E
FISHING REGULATIONS
1. Every person must not Fish in an unsafe manner or without due caution.
2. Every person must not Fish by means of rockets, explosive materials, projectiles or shells.
3. Every person must not destroy Fish eggs at any time.
4. Sieves, nets or other Fishing apparatus must not be set or used in such manner or in such place as to obstruct the navigation of boats and vessels, and all boats or vessels must not destroy or wantonly injure any sieves, nets or Fishing apparatus.
5. Any Officer may direct, either in writing or orally on site, that nets or other Fishing apparatus be reduced in size to occupy less than one-third of the width of any streams or rivers.
6. Anyone using stakes, posts, buoys or other materials placed for the purposes of Fishing in any waters must remove them within 48 hours after ceasing to use them.
7. Every person must not throw overboard coal, ashes, stones, or other prejudicial or Deleterious Substances in any Mathias Colomb Waters or leave or deposit or cause such substances to be thrown, left or deposited upon the shores, beach, or banks of any Mathias Colomb Waters between high and low water marks.
8. Remains of Fish including offal may be buried ashore above the high water mark, but must not be left on the ground nor left or buried below the high water mark.
9. No person shall Fish by means of a net unless the net is permanently marked with the fisher's name and, if a Mathias Colomb Citizen, treaty number. Nets not marked are subject to seizure by an Officer.
10. Every person under the age of 16 must not engage in Fishing unless directly supervised and accompanied by a person over the age of 16 who has all required authorizations.
11. Every person must not Fish a quantity of Fish that could impact that Fish population or the environment without first having presented such proposal to the Mathias Colomb community and having obtained the permission of the Council.
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THIS HARVESTING LAW IS HEREBY ENACTED by Council at a duly convened meeting held on the 15th day of May, 2025.
A quorum of Council consists of 5 members of Council.
Councillor Moses Castel Sr.
Councillor Steven C. Castel
Councillor Brenda Dumas
�� Councillor Arlene T. Caribou fa$ �lor Selena Castel
�1L� Councillor Connie Constant
Councillor Travis Oum s
Councillor Alma Hart
Mathias Colomb Cree Nation Harvesting Law, 2025