Court urged to throw out moose-hunt lawsuit
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WINNIPEG — The Manitoba government is arguing a northern First Nation’s lawsuit over moose hunting on its traditional territory should be tossed out of court.
Misipawistik Cree Nation filed its statement of claim in the Court of King’s Bench in September, arguing licensed moose hunting on its traditional lands northwest of Lake Winnipeg infringes on the community’s treaty rights to hunt moose for food amid dwindling populations of the big game animal.
But in a recently filed statement of defence, the province argues it has upheld its duties.
A moose grazes in a field of canola bordering the Trans-Canada Highway west of Brandon in this file photo. In a recently filed statement of defence, the province argues a First Nation’s moose-hunting lawsuit should be tossed out. (File)
“Manitoba denies that there have been any unjustified infringements of Treaty No. 5, that it has failed to act honourably toward the plaintiff, or that any court intervention or other remedy is required,” reads the government court filing.
“Manitoba states that its obligation to the plaintiff with respect to hunting within the plaintiff’s asserted traditional territories is governed by legislation, the public interest and Manitoba’s legal and constitutional obligations, including Treaty No. 5.”
The Manitoba government argues it has implemented treaty rights and obligations in keeping with the honour of the Crown and denies any breach of Misipawistik’s treaty rights in a way that would require a legal remedy.
Further, the province argues it has been prejudiced by Misipawistik’s delay in filing the lawsuit and therefore, it claims, the community is not entitled to the damages sought.
The province admits that moose populations are in decline across North America, but argues the factors leading to those declines are multi-faceted and include climate change, disease and human pressures, as well as hunting.
In 2024, Misipawistik warned the province that its members couldn’t meaningfully hunt for moose in its traditional territory and asked the government to put a hold on licences.
The government reduced the number issued that year and committed to working with the community to determine population dynamics and food needs of the First Nation.
But the province then issued 136 licences and 68 tags for bull moose for the three hunting areas in the territory in 2025, with which the Misipawistik Chief Heidi Cook again raised concerns.
The province, in its statement of defence, says the government gave information about the guidelines, methodology and calculations it used to support the decision to issue licences in 2025 to Misipawistik.
In November, Cook urged the province to cancel licences issued for areas that overlapped with the community’s traditional territories for the December hunting season.
At the time, the natural resources minister said his department would meet with the community and others with an interest in the matter.
» Winnipeg Free Press