Pimicikamak Cree Nation asks court to cancel moose hunting licences in territory amid population 'crisis'

The chief of Pimicikamak Cree Nation says the First Nation is going to court in an attempt to prevent licensed moose hunting on the community's territory this fall.

Chief David Monias says Pimicikamak applied for an injunction at the Manitoba Court of King's Bench on Monday to request that all provincially granted licences for Manitoba residents to hunt moose on its territory be cancelled this year.

He says the injunction is in response to the province's decision in early July to approve a reduced number of moose draw licences for Manitoba residents in four of 62 game hunting areas in Manitoba, such as GHA 9A, which includes Pimicikamak.

This year, the province approved a total of 100 licences in the four GHAs — down from 400.

"This is something that they cannot do without our consent," Monias told CBC News on Monday.

Monias's community, also known as Cross Lake, is located about 530 kilometres north of Winnipeg and consists of a band of Cree Nations across about 8,000 hectares in northern Manitoba.

He alleges the province knowingly violated Treaty 5 as well as the 1977 Northern Flood Agreement, which he said is regarded as a modern treaty. The agreement — signed between five First Nations and Manitoba Hydro, Manitoba and Canada — promised the First Nation communities first priority to all wildlife resources within their trapline zones.

Monias says Pimicikamak's moose population is in "a state of crisis," with community members reporting fewer sightings in the area, and some members are even crossing provincial borders to harvest moose in Saskatchewan.

"This is not a game for us. It's not for trophies," he said, adding that members of Pimicikamak depend on the animals to feed their community.

The most recent provincial data for GHA 9A's moose population is from 2014 and shows an estimated population of 487, the province told CBC News on July 17.

Pimicikamak's injunction application comes just two weeks after the Manitoba Wildlife Federation applied for a judicial review of the province's moose draw licence reduction in the four GHAs, alleging it was unlawful and not based on scientific data.

After sending four letters with no response from Natural Resources Minister Jamie Moses, Monias says the minister called him on Friday and said his government might prohibit licensed moose hunting in the area next year.

"He stated that he couldn't do it this year, and maybe next year, so that's just not good enough for us," Monias said.

"Minister Moses stated that he has an obligation to Manitobans, and I stated that he has a contractual, legal obligation to the Northern Flood Agreement to ensure that we are involved," he said.

"It's something that we have to start sitting down on — we can't postpone implementation on the flood agreement. That's 40 years old, [and] they have a fiduciary obligation to implement it."

Monias says if the injunction is not successful, he may consider a class-action lawsuit against the province to ensure his community's rights under the Northern Flood Agreement are protected.

He questions why Hydro operations continue on Pimicikamak's territory under the agreement, affecting nearby water levels and damaging moose habitats, when he alleges the province isn't staying true to its obligations.

"People talk about reconciliation, but nobody wants to sit down and communicate with us," he said.

"They are not listening to us. They are not agreeing to what we wanted."

In an emailed statement sent to CBC News late Monday, Minister Moses said his government continues to engage with leadership in Pimicikamak "on how to best protect wildlife and ensure sustainability around moose populations for generations to come.

"We are already working to address the concerns of First Nations leaders in northern Manitoba by reducing game hunting licences in a small number of areas to protect moose sustainability in northern Manitoba," Moses's statement reads in part.

"I spoke to Chief Monias on Friday and we're going to continue to engage with First Nations, hunters and communities affected."

The hunters who received moose draw licences in GHA 9A this year can harvest in the area from Sept. 16 to Oct. 13 and Dec. 2 to Dec. 15, according to this year's hunting guide.