Kermit_El_Froggo_ t1_j032w5k wrote
Reply to comment by AlternativeComplex82 in AFN votes to reject Ottawa’s gun-control bill, citing potential risk to treaty rights - National | Globalnews.ca by raider1v11
I think it's more of a matter of the regulations simply not applying to them, rather than them simply disregarding rules.
AlternativeComplex82 t1_j03an2z wrote
Well, I don't have any hard evidence, since no one collects such data, so all I have are anecdotes. You are welcome to visit the rez I live on and listen to the gunshots AFTER dark, which is quite illegal, yet no one does anything about it.
PotatoAppreciator t1_j03y6aj wrote
> which is quite illegal
rez's literally have different hunting rights and most I've been to allow night hunting
AlternativeComplex82 t1_j050b9i wrote
Nope, Section 88 of the Indian Act allows for provincial laws (of a general nature) to be enforced on Indian reserves. Sames goes for animal cruelty laws. Ha ha, another one that's never enforced, cuz reasons ....
PotatoAppreciator t1_j05aecm wrote
It allows for that if the issue also is affecting non-rez lands/communities such as, say, a dog fighting ring run on a rez that outsiders come to or the like. Even the most conservative courts have ruled to uphold native sovereignty in issues that only affect native reservations.
AlternativeComplex82 t1_j06kol6 wrote
>It allows for that if the issue also is affecting non-rez lands/communities
Correct. As I said, Section 88 allows for laws "of a general nature", and specifically excludes laws pertaining to Natives.
Generally speaking, the only Canadian laws that DON'T apply on reserves are land related ones, which of course makes sense. So provincial landlord-tenant acts have no force on reserves. Everything else, from highway traffic laws to animal cruelty laws apply ... in theory. Enforcing them is another matter.
margmi t1_j063fgy wrote
>Even the most conservative courts have ruled to uphold native sovereignty in issues that only affect native reservations.
... conservative courts in Canada? Since when do Canadian courts have a political/ideological lean? Our court system has avoided the politics that have been commonplace in American courts.
PotatoAppreciator t1_j06rpre wrote
> Our court system has avoided the politics that have been commonplace in American courts.
lol you're joking right
margmi t1_j0750mo wrote
Let's see some examples of the politicization that you're talking about.
gerbal100 t1_j03wskv wrote
Don't most Rez's have treaty hunting rights entirely outside and predating US (and Canadian) law?
AlternativeComplex82 t1_j050q3s wrote
They can typically hunt out of season, but they have to abide by provincial firearm, hunting and fishing laws. So no dynamite, jack lighting, etc.
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