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Indigenous Hunting Rights and the NRTA: Case Comment on R. v. Green – First Peoples Law

December 1, 2022

The question of when and under what circumstances Indigenous people can hunt for food and cultural purposes outside of their province of residence has been a longstanding source of tension and uncertainty, particularly in Canada’s prairie provinces.

In its recent decision in R. v. Green, the Saskatchewan Court of Appeal highlighted the lack of clarity in the law on this issue. Below, we consider the implications of the decision for Indigenous hunting rights across Canada.

Hunting, Treaties and the Natural Resources Transfer Agreements

In the decades leading up to and following Confederation, the Crown entered into a series of treaties with Indigenous Peoples across most of western Canada, including in the region now known as Saskatchewan.

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