Another adjournment pushes Métis harvesting rights case into 2027

The three men face provincial charges related to hunting or fishing without licences. They submitted an agreed statement of facts acknowledging the underlying activities but contend they were exercising Métis harvesting rights protected under Section 35 of the Constitution Act, 1982.

The case is being treated as a test case, with similar charges elsewhere in Saskatchewan placed on hold pending its outcome, according to Hodgson-Smith.

“We need one trial that can serve as a test case to answer this question, and that’s what we’re doing,” she said.

The trial is examining the existence and geographic reach of historic Métis communities, along with when the Crown established effective control over the territory. That evidence is central to determining whether the men’s claimed right to harvest for food is constitutionally protected in the areas where they were charged.

Hodgson-Smith previously described the central questions facing the court.

“Who are the Métis in Western Canada? And where were they and what was their life at that time? And when did effective control take place?”

Poitras was stopped near Alcott Creek with a firearm but had not harvested anything, while Boyer was fishing at Chitek Lake and had two fish. St. Pierre, whose case originated in Yorkton and was later added to the retrial, had shot a moose.

The retrial follows a 2022 Saskatchewan Court of Appeal decision that overturned the convictions of Poitras and Boyer after finding the original trial judge had restricted the evidence too narrowly. The Supreme Court of Canada later denied the Crown permission to appeal, leaving the retrial to proceed.

The new trial began in April 2025 with community witnesses testifying about Métis culture and identity. The proceedings were then expected to turn to historical evidence about Métis communities and the timing of Crown control.

Hodgson-Smith said the scale and potential consequences of the litigation stand in contrast to the facts that initially brought the matter before the courts.

“So for all of the years up until this trial, we’ve been dealing really with two fish.”

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Kenneth.Cheung@pattisonmedia.com

by meadowlakeNOW staff

Another adjournment pushes Métis harvesting rights case into 2027

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