BY KEITH LACEY
In a case that could set a native hunting rights precedent, a Whitefish First Nations man was found not guilty Tuesday of unlawfully shooting and killing an elk near his home in the fall of 2000.
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Justice of the peace Ben Sinai ruled Francis Ozawagosh is a treaty Indian who had the right to shoot the elk near his Whitefish First Nations Reserve home the first week of October 2000.
Ozawagosh, through his lawyer Paul Williams, argued he mistakenly shot the elk believing it was a moose.
Ministry of Natural Resources (MNR) officers attended OzawagoshÂ?s home within days of the shooting and found a freezer full of elk.
MNR officials removed all of the elk meat and handed it over to local charities.
Williams argued his client had the right, as a recognized treaty First Nations person, to provide for his family by hunting.
Ozawagosh, 34, was charged by the Ministry of Natural Resources with one count of unlawfully killing an elk and illegal possession of wild game.
In finding the accused not guilty, Sinai cited the fact the elk was killed on a recognized Indian reserve not far from the accusedÂ?s home, was harvested by Ozawagosh and remained in the possession of the accused who made no efforts to profit from the kill.
The animal was killed from a bullet from a high-powered rifle.
The veteran justice of the peace cited established treaty rights from decades ago recognizing native hunting rights allowing aboriginal people to hunt and harvest to provide for themselves and their families.
Rocky Mountain elk were reintroduced to the Sudbury area several years ago as part of a program involving Cambrian College, the MNR and other partners.
More than 400 elk have been reintroduced to this area over the past several years.
Ozawagosh told Northern Life the MNR should never have been so persistent in filing the charges and bringing this matter before the courts. HeÂ?s thrilled with the result and fact his case could change treaty hunting rights in this province.
Â?In my opinion, the MNR should never have pursued this like they did,Â? he said. Â?This thing should never have gone this far.
Â?I know native fishing and hunting rights are a sensitive issue and I could maybe understand if I had knowingly shot the elk, but I didnÂ?t shoot it intentionally and thought I was shooting at a moose, yet I was still charged.Â?
The MNR removed all of the elk from his freezer and because he didnÂ?t shoot any moose in the fall of 2000, he and his wife had to spend a substantial amount of money to purchase some beef to feed his family, he said.
Â?I feel the MNR should have to compensate me for taking away all that meat,Â? he said.
In his ruling, Sinai said the matter of compensation for the MNR removing the meat and giving it away to charity would have to be dealt with in another court if Ozawagosh wanted to pursue the matter.
Like many of his aboriginal friends, Ozawagosh believes First Nations people should have the right to hunt and fish wherever and whenever they want as prescribed by established treatyÂ?s many government organizations wonÂ?t recognize, he said.
Â?Hunting and fishing is something native people have for their families from the beginning of time,Â? he said. Â?The problem is our rights havenÂ?t been recognized for the longest time.Â?
