neighbourhood information session

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NEIGHBOURHOOD INFORMATION SESSION Relocation of January 2014 Deer Harvest in the Dundas Valley Wednesday 4 th December, 2013 HCA’s Main Office

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Page 1: NEIGHBOURHOOD INFORMATION SESSION

NEIGHBOURHOOD INFORMATION SESSION

Relocation of January 2014 Deer Harvest in the Dundas Valley

Wednesday 4th December, 2013

HCA’s Main Office

Page 2: NEIGHBOURHOOD INFORMATION SESSION

• Deer harvesting has been a long standing tradition of the Haudenosaunee

dating back thousands of years and serves an important role to their spiritual

and ceremonial way of life. First Nations throughout North America have long

cited treaties 1 that grant them rights to hunt and fish in areas outside of

reserve lands. 2 These treaties are also honoured by the Constitution of

Canada.

• In the Dundas Valley Conservation Area (DVCA), the Nanfan Treaty of 1701

or the Treaty of Albany (see map on right), gives the Haudenosaunee the right

to hunt and fish in this area. The Hamilton Conservation Authority (HCA)

recognizes the importance and validity of the Nanfan Treaty 2 and also

respects the important cultural role that deer harvesting plays in the

Haudenosaunee’s way of life.

• In 2011, the HCA’s Board of Directors authorized entering into an agreement

with the Haudenosaunee Wildlife and Habitat Authority (HWHA) to establish a

protocol regarding deer harvesting on HCA owned lands. An agreement was

made and continues to be in effect, allowing the HWHA to harvest a set

number of deer in designated parts of the DVCA.

• This protocol reflects the HCA’s commitment to the implementation of Treaty

rights in a way that respects conservation, protects public safety, and fosters

our mutual respect, trust, and friendship. It also serves as a step forward in

strengthening our understanding and relations with First Nations in our

country.

RELOCATION OF JANUARY 2014 DEER HARVEST IN THE DUNDAS VALLEY

BACKGROUND

Purpose of this PIC

The purpose of this Neighbourhood Information Session (NIS) is to inform the public of the relocation of

the January deer harvest to an area in the north of the Dundas Valley Conservation Area. At the NIS, The

HCA will provide information to adjacent property owners about the relocation, obtain feedback, while at

the same time address questions and concerns that the public may have.

Ontario Michigan

UNITED STATES

OF AMERICA

CANADA

New York

Ohio Illinois

Indiana

Pennsylvania

Wisconsin

Kentucky

West Virginia

1http://www.aadnc-aandc.gc.ca/DAM/DAM-INTER-HQ/STAGING/texte

text/ap_htmc_treatliv_1314921040169_eng.pdf

2 http://www.sixnations.ca/LandsResources/PreConfederation.pdf

3 http://www.sixnations.ca/LandsResources/NanFanTreaty.pdf

Page 3: NEIGHBOURHOOD INFORMATION SESSION

Deer Harvesting and the Haudenosaunee

• The Haudenosaunee Confederacy also known as the Iroquois

Confederacy, means ‘people of the long house’ (see photo below left).

This confederacy is made up 5 (now 6) nations of the Mohawk,

Oneida, Onondaga, Cayuga, Seneca, and Tuscarora and is the

largest First Nation in Canada. 4

• The Haudenosaunee, follow a cycle of ceremonies that define the

spiritual foundation of their people. Their spirituality dwells on a duty

and responsibility to be thankful to the natural world around them that

provides health and well-being.

• Unlike a deer cull that is geared towards a mass removal of large

numbers of deer from an area, the Haudenosaunee undertake a deer

harvest where a limited number of deer are taken from designated

areas as a cultural and spiritual practice.

Protocol between the HCA and the Haudenosaunee

• The Haudenosaunee and the Hamilton Conservation Authority (HCA) share similar values to protect, maintain,

and restore the natural environment for future generations while at the same time respecting the laws of each

nation 5

• In 1701, the Haudenosaunee and the Crown made a treaty at Albany that provided that the Crown would

respect Haudenosaunee rights in the Beaver Hunting Ground, which includes the lands now held by the HCA

• Specific annual agreements will provide descriptions of areas affected, identification of hunting methods,

harvesting dates, objectives for harvesting, monitoring for diseases, reporting and evaluation

• Haudenosaunee will conduct harvesting pursuant to the protocol more than 150 metres away from the border of

the harvesting area

• Harvesting will take place in the day time, within the designated area, and only on HCA owned lands

• Public safety is a high priority for both the HCA and the Haudenosaunee

• Collaboration with the Hamilton Police Services, the Ontario Ministry of Natural Resources among other parties

• In the instance that the HCA becomes aware of any violations to the protocol, the Haudenosaunee would take

necessary steps to address them

4 http://www.haudenosauneeconfederacy.com/index2.html

5 http://www.conservationhamilton.ca/images/documents/pdf/dmac/HCA%20Protocol%20Document%20Nov%202011.pdf

RELOCATION OF JANUARY 2014 DEER HARVEST IN THE DUNDAS VALLEY

DEER HARVESTING IN THE DUNDAS VALLEY

Page 4: NEIGHBOURHOOD INFORMATION SESSION

Specific Agreement for 2013-2014 Season

• Deer harvesting by the Haudenosaunee will be part of a broader and continuing

collaborative assessment of the health of the deer herd and the Valley’s ecosystem

• This agreement, like the Protocol is based on respect, trust, friendship, reciprocity, and

collaboration 6

• Harvesting will take place within the relocated area or Schedule B (see map on right)

between January 7th to January 16th , 2014 on Mondays, Tuesdays, Wednesday, and

Thursdays only

• Haudenosaunee hunters will use the safest means possible to take deer such as archery

equipment, including bows and crossbows

• Firearms-rifles or shotguns along with other methods such as dogs, feed bait, or jack

lighting will not be used

• The Hamilton Conservation Authority (HCA) will use the ‘Conservation & Trail Closure

Protocol’ as approved by its Board of Directors in 2011 as a basis to inform the public about

harvesting activities pursuant to this agreement 7

• Adjacent residents have been sent letters and an invitation to this information session

Location of January Harvesting Area- Schedule B

RELOCATION OF JANUARY 2014 DEER HARVEST IN THE DUNDAS VALLEY

RELOCATION OF THE JANUARY 2014 DEER HARVEST

Why is the relocation occurring?

In an attempt to improve public safety and minimize interactions between harvesting activities

and conservation area users, the January portion of the annual harvest is being relocated to

an area in the north of the Dundas Valley Conservation Area as there is no trail system or

public access. Schedule B area covers approximately 123 acres of HCA owned land with a

164 ft. buffer zone marked off on all sides where there are adjacent private properties. The

north facing side of Schedule B does not have any private properties. It should be noted that

there is an estimated 66 ft. distance between the railway and Schedule B. Deer harvesting will

occur in Schedule B for 8 days during the month of January only.

6 http://www.conservationhamilton.ca/images/documents/pdf/dmac/Specific_Agreement_2013.pdf

7http://www.conservationhamilton.ca/images/documents/pdf/dmac/2013_Letter_to_Resident_-

Closure_of_North_End_Dundas_Valley.pdf

Page 5: NEIGHBOURHOOD INFORMATION SESSION

RELOCATION OF JANUARY 2014 DEER HARVEST IN THE DUNDAS VALLEY

WHY IS A DEER HARVEST TAKING PLACE IN THE DUNDAS VALLEY?

Historical & Cultural Significance

Haudenosaunee people have a great respect for animals.

To them, deer is important to their spiritual and ceremonial

way of life. Deer antlers are attached to the sides of a

chief’s Kastoweh (feathered hat) as a symbol of peace and

leadership. The deer also provides food (venison), furs and

skins for making clothing and blankets, bones for making

tools, and sinew for making rope. The deer and all animals

are considered to be part of the web of life and are

important in making sure that life as they know it can

continue.

Legal Significance

• Royal Proclamation of 1763- recognizes First Nations as

owners of the lands that the Europeans were using and

occupying, and sets out hunting and fishing rights. 8

• The Constitution Act, 1982- the Government of Canada

patriated the Constitution, and in doing so formally entrenched

treaty rights in the supreme law of Canada. Section 35 of the

Constitution Act, 1982 9 provides:

“35 (1) The existing aboriginal and treaty rights of the

aboriginal people in Canada are hereby recognized and

affirmed

(2) In this Act, “Aboriginal Peoples of Canada” includes the

Indian, Inuit, and Metis Peoples of Canada

(3) For greater certainty, in subsection (1), “treaty

rights” includes rights that now exist by way of land

claims agreements or may be so acquired”

(4) Notwithstanding any other provision of this act, the

aboriginal and treaty rights referred to in subsection (1) are

guaranteed equally to male and female persons”

• Nanfan Treaty 1701 or Treaty of Albany- gives the

Haudenosaunee the right to hunt and fish in this area. The HCA

recognizes the importance and validity of the Treaty and has

neither the authority nor jurisdictions to deny these rights.

8http://www.aadncaandc.gc.ca/eng/1370355181092/1370355203645

9 http://laws.justice.gc.ca/eng/const/page-16.html#h-52

Environmental Significance

The Haudenosaunee and the Hamilton Conservation Authority

(HCA) share a mutual vision to maintain a healthy ecosystem

in the Dundas Valley by studying the impact of the Valley’s

deer population on the natural environment is a current and

continuing project by the HCA. Using a number of monitoring

methods to collect data, the impact of deer on the Valley would

be better understood in the long-term. In future, the HCA

hopes to work with the Haudenosaunee to combine our

western scientific knowledge with their Traditional Ecological

Knowledge (TEK) i.e. Haudenosaunee traditional

knowledge regarding sustainability of local resources handed

down through generations. TEK contains knowledge of species

of both animals and plants, and biophysical characteristics of

the environment through space and time.

Social Significance

In 2011, the Ontario Ministry of Aboriginal Affairs recognized

the validity of the Nanfan Treaty and encouraged the HCA to

continue working with the Haudenosaunee (see letter above).

This relationship reflects the HCA’s commitment to the

implementation of their rights in a way that respects

conservation, protects public safety, and fosters our mutual

respect, trust, and friendship. More importantly, this is a step

forward in Ontario and Canada, towards strengthening our

relations with First Nations.

Page 6: NEIGHBOURHOOD INFORMATION SESSION

RELOCATION OF JANUARY 2014 DEER HARVEST IN THE DUNDAS VALLEY

FREQUENTLY ASKED QUESTIONS

How to participate:

1) Give us your feedback by

filling out a comment sheet either here or online at:

http://www.conservationhamilton.ca/haudenosaunee-

and-hca-set-dates-for-2013-harvest

2) Contact the HCA for more information:

Anuja Ramgoolam, Project Coordinator

Hamilton Conservation Authority

838 Mineral Springs Road, Box 81067

Ancaster (Hamilton), Ontario L9G 4X1

905-525-2181 ext. 172 or 157

[email protected]

4) Tell your neighbours about the relocation of the

deer harvest and how they could get more

information:

http://www.conservationhamilton.ca/haudenosaunee-

and-hca-set-dates-for-2013-harvest

1) Why is there hunting occurring in the Dundas Valley?

In the Dundas Valley, there are a number of private (non-HCA owned) lands and public (HCA-owned lands). Hunting is permitted on

private lands under regular Ontario Ministry of Natural Resources (OMNR) hunting guidelines.

2) Is hunting allowed in a conservation area? There are signs saying no hunting is permitted in the Dundas Valley.

The Hamilton Conservation Authority (HCA) currently allows hunting in the Beverly Swamp only. Under normal circumstances, anyone

seen hunting on HCA owned lands will be reported to the OMNR as the HCA has a no hunting policy.

3) How is it that the Haudenosaunee (First Nation hunters) are the only ones allowed to hunt and non-First Nation hunters

cannot?

The Haudenosaunee according to the Nanfan Treaty have the right to exercise their legal hunting and fishing rights in this area. More

importantly, the Constitution of Canada recognizes this and has advised the HCA to do the same. HCA does not have the

authorization to deny these rights.

4) Why are the trails being closed off if this is public land?

The main reason trails are being temporarily closed is in the interest of public safety. Under the Conservation Authorities Act 10, the

HCA has the right to close trails or suspend public access at any time for any reason, particularly to ensure public safety.

5) What is the need for a deer harvest and why at this time of year?

Deer harvesting is a part of a cultural and natural cycle of life to the Haudenosaunee. They use deer to feed their families and for

auspicious ceremonies that they observe at this particular time of year.

6) How is deer harvesting part of conservation and the HCA’s mandate?

Conservation is sustainable use and management of natural resources including wildlife (e.g. deer), water, air, and earth deposits. The

environment and its resources are used by humans and managed in a sustainable manner. Preservation, in contrast to conservation,

is where lands and natural resources are not consumed by humans and instead maintained in their pristine form. As a conservation

authority, the HCA has a responsibility to manage natural resources in such a manner that focuses on the needs and interests of not

only the natural environmental but also human beings.10

10 https://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90c27_e.htm

11 http://www.sustainable-environment.org.uk/Earth/Conservation_and_Preservation.php

Page 7: NEIGHBOURHOOD INFORMATION SESSION

RELOCATION OF JANUARY 2014 DEER HARVEST IN THE DUNDAS VALLEY

DISCHARGE OF FIREARM AREA IN HAMILTON

Page 8: NEIGHBOURHOOD INFORMATION SESSION

RELOCATION OF JANUARY 2014 DEER HARVEST IN THE DUNDAS VALLEY

DISCHARGE OF BOW AREA IN HAMILTON