Manitoba made 'political compromise' by cutting moose draw licences in some areas, lawyer argues

The Manitoba government made a "political compromise" in its decision to issue a reduced number of moose hunting licences to non-Indigenous hunters in northern parts of the province earlier this year, a lawyer representing a First Nation in the area has argued in court.

Justice Brian Bowman of the Manitoba Court of King's Bench is weighing two opposing arguments that allege it was unreasonable for the provincial government to approve a 75 per cent reduction to moose draw licences for four of 62 of Manitoba's game hunting areas in northern parts of the province last July.

The Manitoba Wildlife Federation, which defends the interests of licensed hunters, has taken the province to court for a judicial review of the decision, alleging it was not based on scientific data.

Pimicikamak Cree Nation filed an application for a court injunction, which seeks to quash Natural Resources Minister Jamie Moses's decision to issue the licences, alleging they violate its rights under provincial laws, Treaty 5 and the 1977 Northern Flood Agreement.

Byron Williams, the director of Winnipeg's Public Interest Law Centre who is representing Pimicikamak, alleges Manitoba's issuance of the licences breached a constitutional obligation to ensure that First Nations people have the right of top priority to hunt for food.

"They made a political compromise, of leaving some for licensed hunters, even though they didn't know what [Pimicikamak's] food need was or whether the population was sustainable," he told the court Tuesday morning.

The traditional territory of Pimicikamak, also known as the Cross Lake Resource Area, spans nearly 15,000 square kilometres and portions of four of Manitoba's GHAs, including two of four GHAs subject to the 75 per cent licence reduction.

The province has not surveyed the moose populations in those GHAs for over a decade, Williams said.

Pimicikamak is a "rapidly growing" community, with over 8,000 members living on reserve, and hunters there have been reporting less and less moose sightings in recent years, he said.

Pimicikamak, alongside Manitoba Keewatinowi Okimakanak — an organization representing just over two dozen First Nations in northern Manitoba — had been pushing the provincial government to consult with them on the hunting issue from 2022 to April 2024, Williams said.

"Manitoba was aware of these requests and was not acting upon them," he said.

A ministerial briefing note from June acknowledged that the issue would require "large efforts" from the province, Williams alleged.

The briefing note said the province could either stick to the status quo and "continue operating against its legal obligations," or commit to working with the First Nations and face additional costs, time pressures and backlash from licensed hunters and outfitters, he alleged.

Jeremy McKay, another lawyer representing Pimicikamak, said Premier Wab Kinew suggested in a meeting with MKO around that time that the province could "carve out" Pimicikamak's traditional territory from Manitoba's game hunting areas as a solution to the issue.