What is the effect of a treaty on hunting and fishing rights of an indigenous community?
Saskatchewan, Canada
The following excerpt is from R. v. Strongquill, 1953 CanLII 206 (SK CA):
In Rex v. Smith 1935 CanLII 140 (SK CA), [1935] 2 WWR 433, 64 CCC 131, a decision of this court, the provisions of a treaty made on August 23, 1876, were considered. One of the paragraphs of the treaty was as follows: “Her Majesty further agrees with Her said Indians that they, the said Indians, shall have right to pursue their avocations of hunting and fishing throughout the tract surrendered as hereinbefore described, subject to such regulations as may from time to time be made by her Government of Her Dominion of Canada, and saving and excepting such tracts as may from time to time be required or taken up for settlement, mining, lumbering, or other purposes by Her said Government of the Dominion of Canada, or by any of the subjects thereof duly authorized therefor by the said Government.”
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