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Conservation and Treaty Rights: a Critical Analysis of a Sport Organization’S Perspective

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Conservation and Treaty Rights: a Critical Analysis of a Sport Organization’S Perspective CONSERVATION AND TREATY RIGHTS CONSERVATION AND TREATY RIGHTS: A CRITICAL ANALYSIS OF A SPORT ORGANIZATION’S PERSPECTIVE ON INDIGENOUS PEOPLES’ HUNTING AND FISHING BY: NICK MARTINO, B.A. A Thesis Submitted to the School of Graduate Studies in Partial Fulfilment of the Requirements for the Degree of Master of Sociology McMaster University © Copyright by Nick Martino, September 2016 McMaster University MASTER OF ARTS (2016) Hamilton, Ontario (Sociology) TITLE: Conservation and Treaty Rights: A Critical Analysis of a Sport Organization’s Perspective on Indigenous Peoples’ Hunting and Fishing AUTHOR: Nick Martino, B.A. (Trent University) SUPERVISOR: Professor Jeffrey S. Denis NUMBER OF PAGES: x, 120 ii Lay Abstract The Ontario Federation of Anglers and Hunters (OFAH) is an influential organization that has criticized Indigenous peoples’ treaty hunting and fishing rights and land claims for allegedly threatening conservation, recreational opportunities, and the outdoor economy. This thesis analyzes and compares the views surrounding treaty rights between the OFAH leadership and ordinary hunters and fishers inside and outside the organization. Interviews with 20 (Indigenous and non-Indigenous) respondents and a review of the OFAH’s official sources showed that OFAH leaders and 55% of the respondents expressed feelings of concern, resentment, and opposition. Although OFAH leaders and 45% of the respondents displayed limited degrees of support for treaty rights, the general pattern showed how they drew on similar arguments based on equality, fairness, and a concern for wildlife to criticize and/or oppose treaty rights revealing a defensive reaction to maintain their privileges and access to resources. iii Abstract The Ontario Federation of Anglers and Hunters (OFAH) is an influential sport/interest group that has a long history of advocacy and involvement with policies and management related to the conservation of wildlife and outdoor recreation. Since the 1990’s, the OFAH have been outspoken with their criticisms towards particular Indigenous treaty hunting and fishing rights, co-management agreements, and land claims which are perceived to threaten conservation, future recreational opportunities, and the outdoor economy. Using semi-structured interviews with 20 Indigenous and non-Indigenous respondents and a content analysis of the OFAH’s official documents, this thesis analyzes and compares the views surrounding treaty rights between the OFAH leadership and ordinary hunters and fishers inside and outside the organization. Discourse Analysis, Group Position Theory, and Colour Blind Racism theory were used to flesh out how the meanings and perceived legitimacy of treaty rights are constructed and negotiated, and whether opposition to Indigenous harvesting rights reflects a reactionary response to defend settler-Canadians’ sense of superiority, privileges, and access to resources. The results showed that the OFAH and 55% of the respondents expressed feelings of concern, resentment, and in some cases opposition, revealing an established sense of group position. Although the OFAH leaders and 45% of the respondents displayed varying and limited degrees of support for treaty rights, the general pattern showed how OFAH leaders and respondents drew on similar repertoires with arguments and justifications based on equality, fairness, and a concern for wildlife conservation in order to criticize and/or oppose treaty rights. Consequently, these criticisms directly and indirectly work to define and redefine treaty rights and Indigenous treaty hunters and fishers in a negative manner. This case shows how resentment of and opposition to treaty rights within a settler colonial context embodies a perceived threat to settlers’ sense of group position and the status quo. iv Acknowledgments I would like to give a special thanks to Dr. Jeffrey Denis for his help, guidance and support in completing this thesis. I would also like to thank Dr. Victor Satzewich and Dr. William Shaffir for their help and advice throughout the research. Another thanks to all the hunters and fishers who offered their time to participate. Although you may not agree with all my interpretations, I hope the analysis herein will elicit ongoing questioning, dialogue, and learning in the spirit of truth and reconciliation. v Table of Contents Descriptive Note ii Lay Abstract iii Abstract iv Acknowledgments v Table of Contents vi List of Abbreviations ix Declaration of Academic Achievement x Chapter 1: Introduction 1 1.2- Direction of Research 3 Chapter 2: Literature Review 5 2.1- Historical Overview 5 2.2- The Ontario Federation of Anglers and Hunters (OFAH): Past and Present 13 2.3- Contemporary Disputes and Depictions 19 2.4- Theoretical Orientation 30 Chapter 3: Methodology 36 3.1- Data Collection and Analysis 36 3.2- Coding Typology 37 3.3- Limitations 37 Chapter 4: Findings and Analysis: An Overview 40 4.1- The OFAH’s Position on Treaty Rights and Land Claims 40 4.2- The Views from OFAH Members and Non-Members 41 Chapter 5: Interpretive Repertoires Based on Fair Sharing, Equity, and Equal Opportunities 43 5.1- The OFAH’s Policies and Principles of Fair-Sharing: Defending Group Interests 44 5.1a- Fair and Equitable Resource Sharing 44 vi 5.1b- Our Rights, Heritage and Traditions are the Same 51 5.2- Questioning the Relevance and Legitimacy of Treaty Rights: Repertoires from OFAH Members and Non-Members 58 5.2a- Treaty Rights as Unfair and Contradictory to Equality: Equal Application of Rules and Regulations 59 5.2b- Past is the Past: The Revision and Abolition of Treaty Rights for the Purpose of Equality 62 5.3- Similarities and Differences: A Comparison Between the OFAH, their Members and Non-Members and the Repertoires of Equality 64 Chapter 6: Treaty Rights, Conservation and Group Interests: A Perceived Threat to Fish and Wildlife 68 6.1- Conservation and Access to Resources: The OFAH’s Criticisms of Treaty Harvesting Rights 69 6.1a- Threat to Hunting and Fishing Opportunities 69 6.1b- Concerns and Assumptions about Resource Abuse 72 6.1c- Use of a Binary Opposition to Defend Access to Resources: Paying for Licences and Conservation 77 6.2- Conflicting Images of Treaty Rights and Wildlife Abuse: Accounts from OFAH Members and Non-Members 82 6.2a- “Whatever They Want, Whenever They Want”: Treaty Rights Lead to Unregulated Hunting and Fishing and Wildlife Abuse 83 6.2b- Support for ‘Traditional’ Methods to Limit Perceived Treaty Rights Abuse 88 6.2c- Preference for Boundaries: Segregation for Conservation 89 6.2d- Challenging Negative Images and Stereotypes 90 6.3- Similarities and Differences: To What Extent do the OFAH, their Members and Non-Members Share Views Towards Treaty Rights and Wildlife Abuse? 96 vii Chapter 7: Conclusion 100 Final Thoughts and Recommendations 108 References 112 viii List of Abbreviations AANDC- Aboriginal Affairs and Northern Development Canada (Formerly DIA) AIP- Agreement-in-Principle DFO- Department of Fisheries and Oceans DIA- Department of Indian Affairs EFN- Esgenoopetitj (Mi’kmaq) First Nation HAAP- Hunting and Angling Advisory Panel IEP- Interim Enforcement Policy MNRF- Ministry of Natural Resources and Forestry (Formerly MNR) NDP- New Democratic Party NFN- Nipissing First Nation OFA- Ontario Federation of Anglers OFAH- Ontario Federation of Anglers and Hunters (Formerly OFA) OOD- Ontario Out of Doors (magazine) RCMP- Royal Canadian Mounted Police SCC- The Supreme Court of Canada SON- Saugeen Ojibway Nation SON-MNRF- Saugeen Ojibway Nation- Ministry of Natural Resources and Forestry (commercial agreement) ix Declaration of Academic Achievement The following is a declaration that the research within this thesis was conducted by Nick Martino, in partial fulfilment of a Master of Arts in Sociology. I recognize the important contributions and guidance from my supervisor Dr. Jeffrey Denis and committee members Dr. Victor Satzewich and Dr. William Shaffir in the design of this study, the interpretations of the findings, and their feedback throughout the writing of this thesis. In particular, my supervisor Dr. Jeffrey Denis provided invaluable advice and guidance with the theoretical and methodological orientation of this study, the interpretation of the results, and the organization of this thesis. x M.A. Thesis- N. Martino; McMaster University- Sociology CHAPTER 1: INTRODUCTION 1.1- Introduction The Ontario Federation of Anglers and Hunters (OFAH) are a prominent sport/interest group with a long history of advocacy for sport hunting and fishing and the conservation of wildlife. Since their formation in 1928, the OFAH have gained influence over hunting and fishing policies and management and developed close relationships with government officials, particularly from the Ministry of Natural Resources and Forestry (MNRF) (OFAH 2015; OFA Handbook n.d.; McLaren 2005). In reaction to the formal recognition of Indigenous1 and treaty rights2 within the Canadian Constitution 1982, as well as landmark court cases upholding these rights during the 1990s (e.g. Sparrow 1990; Fairgreve decision 1995; Marshall 1999), several non-Indigenous-settler3 hunters/fishers and sport organizations such as the OFAH were actively critical of treaty hunting and fishing rights and engaged in protests and public campaigns to highlight how such rights allegedly threatened conservation, the economy, and their own hunting/fishing opportunities (Koenig 2005; McLaren 2005; King 2011). Today, the OFAH is one of several organizations in Ontario which continues to monitor and
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