NEIGHBOURHOOD INFORMATION SESSION Relocation of January 2014 Deer Harvest in the Dundas Valley

Wednesday 4th December, 2013 HCA’s Main Office

BACKGROUND

• 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

1 cited treaties that grant them rights to hunt and fish in areas outside of CANADA reserve lands. 2 These treaties are also honoured by the Constitution of Wisconsin Canada. Ontario Michigan • In the Dundas Valley Conservation Area (DVCA), the Nanfan Treaty of 1701 New York 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) Pennsylvania recognizes the importance and validity of the Nanfan Treaty 2 and also Indiana Ohio respects the important cultural role that deer harvesting plays in the Illinois Haudenosaunee’s way of life. UNITED STATES • In 2011, the HCA’s Board of Directors authorized entering into an agreement OF AMERICA West Virginia 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 Kentucky 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 Purpose of this PIC strengthening our understanding and relations with First Nations in our The purpose of this Neighbourhood Information Session (NIS) is to inform the public of the relocation of country. 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 1 http://www.aadnc-aandc.gc.ca/DAM/DAM-INTER-HQ/STAGING/texte the same time address questions and concerns that the public may have. text/ap_htmc_treatliv_1314921040169_eng.pdf

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

RELOCATION OF JANUARY 2014 DEER HARVEST IN THE DUNDAS VALLEY DEER HARVESTING IN THE DUNDAS VALLEY

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 Protocol between the HCA and the Haudenosaunee and responsibility to be thankful to the natural world around them that • The Haudenosaunee and the Hamilton Conservation Authority (HCA) share similar values to protect, maintain, provides health and well-being. and restore the natural environment for future generations while at the same time respecting the laws of each • Unlike a deer cull that is geared towards a mass removal of large nation 5 numbers of deer from an area, the Haudenosaunee undertake a deer • In 1701, the Haudenosaunee and the Crown made a treaty at Albany that provided that the Crown would harvest where a limited number of deer are taken from designated respect Haudenosaunee rights in the Beaver Hunting Ground, which includes the lands now held by the HCA areas as a cultural and spiritual practice. • 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 RELOCATION OF THE JANUARY 2014 DEER HARVEST

Specific Agreement for 2013-2014 Season Location of January Harvesting Area- Schedule B • 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

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 6 north facing side of Schedule B does not have any private properties. It should be noted that http://www.conservationhamilton.ca/images/documents/pdf/dmac/Specific_Agreement_2013.pdf 7http://www.conservationhamilton.ca/images/documents/pdf/dmac/2013_Letter_to_Resident_- there is an estimated 66 ft. distance between the railway and Schedule B. Deer harvesting will Closure_of_North_End_Dundas_Valley.pdf occur in Schedule B for 8 days during the month of January only.

RELOCATION OF JANUARY 2014 DEER HARVEST IN THE DUNDAS VALLEY WHY IS A DEER HARVEST TAKING PLACE IN THE DUNDAS VALLEY?

Historical & Cultural Significance Legal Significance Haudenosaunee people have a great respect for animals. • Royal Proclamation of 1763- recognizes First Nations as To them, deer is important to their spiritual and ceremonial owners of the lands that the Europeans were using and 8 way of life. Deer antlers are attached to the sides of a occupying, and sets out hunting and fishing rights. chief’s Kastoweh (feathered hat) as a symbol of peace and leadership. The deer also provides food (venison), furs and • The Constitution Act, 1982- the Government of Canada skins for making clothing and blankets, bones for making patriated the Constitution, and in doing so formally entrenched tools, and sinew for making rope. The deer and all animals treaty rights in the supreme law of Canada. Section 35 of the 9 are considered to be part of the web of life and are Constitution Act, 1982 provides: important in making sure that life as they know it can “35 (1) The existing aboriginal and treaty rights of the continue. aboriginal people in Canada are hereby recognized and affirmed Environmental Significance (2) In this Act, “Aboriginal Peoples of Canada” includes the The Haudenosaunee and the Hamilton Conservation Authority Indian, Inuit, and Metis Peoples of Canada (HCA) share a mutual vision to maintain a healthy ecosystem (3) For greater certainty, in subsection (1), “treaty in the Dundas Valley by studying the impact of the Valley’s rights” includes rights that now exist by way of land deer population on the natural environment is a current and claims agreements or may be so acquired” continuing project by the HCA. Using a number of monitoring (4) Notwithstanding any other provision of this act, the Social Significance methods to collect data, the impact of deer on the Valley would aboriginal and treaty rights referred to in subsection (1) are In 2011, the Ontario Ministry of Aboriginal Affairs recognized be better understood in the long-term. In future, the HCA guaranteed equally to male and female persons” the validity of the Nanfan Treaty and encouraged the HCA to hopes to work with the Haudenosaunee to combine our continue working with the Haudenosaunee (see letter above). western scientific knowledge with their Traditional Ecological • Nanfan Treaty 1701 or Treaty of Albany- gives the This relationship reflects the HCA’s commitment to the Knowledge (TEK) i.e. Haudenosaunee traditional Haudenosaunee the right to hunt and fish in this area. The HCA implementation of their rights in a way that respects knowledge regarding sustainability of local resources handed recognizes the importance and validity of the Treaty and has conservation, protects public safety, and fosters our mutual down through generations. TEK contains knowledge of species neither the authority nor jurisdictions to deny these rights. respect, trust, and friendship. More importantly, this is a step 8 of both animals and plants, and biophysical characteristics of http://www.aadncaandc.gc.ca/eng/1370355181092/1370355203645 forward in Ontario and Canada, towards strengthening our 9 http://laws.justice.gc.ca/eng/const/page-16.html#h-52 the environment through space and time. relations with First Nations.

RELOCATION OF JANUARY 2014 DEER HARVEST IN THE DUNDAS VALLEY FREQUENTLY ASKED QUESTIONS

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? How to participate: 10 The main reason trails are being temporarily closed is in the interest of public safety. Under the Conservation Authorities Act , the HCA has the right to close trails or suspend public access at any time for any reason, particularly to ensure public safety. 1) Give us your feedback by filling out a comment sheet either here or online at: 5) What is the need for a deer harvest and why at this time of year? http://www.conservationhamilton.ca/haudenosaunee- 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 and-hca-set-dates-for-2013-harvest auspicious ceremonies that they observe at this particular time of year. 2) Contact the HCA for more information: 6) How is deer harvesting part of conservation and the HCA’s mandate? Anuja Ramgoolam, Project Coordinator Hamilton Conservation Authority Conservation is sustainable use and management of natural resources including wildlife (e.g. deer), water, air, and earth deposits. The 838 Mineral Springs Road, Box 81067 environment and its resources are used by humans and managed in a sustainable manner. Preservation, in contrast to conservation, Ancaster (Hamilton), Ontario L9G 4X1 905-525-2181 ext. 172 or 157 is where lands and natural resources are not consumed by humans and instead maintained in their pristine form. As a conservation [email protected] authority, the HCA has a responsibility to manage natural resources in such a manner that focuses on the needs and interests of not 4) Tell your neighbours about the relocation of the only the natural environmental but also human beings.10 deer harvest and how they could get more information: 10 https://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90c27_e.htm http://www.conservationhamilton.ca/haudenosaunee- 11 http://www.sustainable-environment.org.uk/Earth/Conservation_and_Preservation.php and-hca-set-dates-for-2013-harvest

RELOCATION OF JANUARY 2014 DEER HARVEST IN THE DUNDAS VALLEY DISCHARGE OF FIREARM AREA IN HAMILTON

RELOCATION OF JANUARY 2014 DEER HARVEST IN THE DUNDAS VALLEY DISCHARGE OF BOW AREA IN HAMILTON

RELOCATION OF JANUARY 2014 DEER HARVEST IN THE DUNDAS VALLEY