draft SUSTAINABLE Harvesting Law
Sustainable Harvesting Law Summary
Anishinaabe Rights are communal in nature, grounded in the historical harvesting tradition and practices of our people. Responsibilities such as conservation and safety are important assets to exercising these rights. By incorporating the Sustainable Harvesting Law, it’ll allow us to manage the amount of harvesting band members are taking from the land. It is important that we conserve and allow our land to flourish with that the Creator has to offer to feed our families and community within reason.
The purpose is to protect the land, water, animals and plants for our future generations to come. As Indigenous peoples we must respect the seasonal harvesting, ensuring that we remain in the appropriate seasons and not disrupting the animals and plants life cycles. We as a community will be held accountable if we over-harvest, it is up to us as a community, that we protect all assets within Mississauga territory.
Anyone who harvests on Mississauga First Nation land must report any harvest that they have taken and also any other items of interest to the MFN Lands and Resources department. A community database of all harvesting activities will be published and shared within the community annually.
Limits on Harvesting
Members will only harvest 1 moose per household .
Members will not set nets on the following lakes;
The Chief and Council may, by means of a Band Council Resolution, make orders and regulations with respect to,
Every Mississauga Member who commits an offence under Subsection 5.1 is guilty of an offence is punishable on summary conviction and liable to the system of Progression Discipline outline under Section 6.1
Every non-member who commits an offence on Mississauga Land under subsection 5.1 is guilty of an offence punishable on summary conviction and liable to the system of Progressive Discipline outlined under section 6.2.
6.1 Upon conviction of an offence under this law, a Mississauga Member may be liable to system of progressive discipline outlined as follows; (this section, has not been solved with the lawyer comments)
A notice under this Law may be given, either it be orally or in writing
Council may recommend and direct be resolution, prior to charges being laid, that a person that allegedly committed any offence against this law may participate in specific alternative measures rather than be charged in order to restore the harmony and compliance in the community as outlined in the Community Protection Law, 2019.
Damages and Costs Awards
Allows a cost award from individuals.
Should any section of the Mississauga First Nation Law be declared by a Court of competent jurisdiction to be ultra vires or illegal for any reason, the remaining parts shall nevertheless remain valid and binding, and shall be read as if the offending section or part have been struck out.
This summer 2021, the Chi-Naakinagewin department will proceed with online engagement for a number of draft laws. Most of these laws are ones that will require a community ratification, including this one. Fill out the survey below with your name, number and thoughts to enter into the weekly draw. You could also download the file and use track changes and comments and send it in to email@example.com, call for a pick-up or give your answers over the phone at 705-356-1621, ext. 2213.