‘A test case’: Métis hunting rights retrial to resume in 2026 with expert evidence

Crown prosecutor James Fyfe is leading the case for the province, while Hodgson-Smith is co-counsel on the defence alongside Clement Chartier, K.C.

The case began again in April of this year with community witnesses testifying about Métis culture and identity. The next phase will focus on historic Métis communities and the timing of Crown control – evidence central to whether Section 35 of the Constitution protects the men’s right to harvest for food without licences.

Among the experts scheduled to appear is Dr. Frank Tough, one of Canada’s leading historians on Indigenous and Métis economic history.

Hodgson-Smith said the trial is asking foundational questions: “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?”

“Effective control” refers to the point in history when colonial governments had established enough authority that Métis people could no longer freely harvest as part of their traditional way of life.

All three men submitted an agreed statement of facts acknowledging they hunted or fished without licences, but contend those activities are protected as constitutional rights.

Hodgson-Smith said both the Crown and defence have agreed to treat this matter as a test case, with dozens of similar charges across Saskatchewan on hold until a decision is reached.

“We’ve been adjourning for years because we don’t need to run nine trials,” she said.

“We need one trial that can serve as a test case to answer this question, and that’s what we’re doing. So, the Crown and defense have agreed that this case will be the test case and the outcome of this case will apply to all those other people.”

She added the uncertainty has been stressful for Métis families and left conservation officers without clear direction.

“The lack of clarity around where the Métis can lawfully hunt and fish and trap and gather for food as part of their cultural right has affected, certainly it affected the Métis because it’s not fun to be charged,” she said.

“At the same time, I think the province wants clarity on this issue because it’s their job to uphold the provincial wildlife and fisheries regulations, and it’s their job to charge people.”

“I think everybody will benefit from it (the outcome).”

The retrial stems from a 2022 Saskatchewan Court of Appeal decision that overturned convictions against Poitras and Boyer, ruling the original trial judge had too narrowly restricted the evidence.

The Supreme Court of Canada later denied the Crown leave to appeal, leaving the provincial decision as the highest authority on Métis rights in Saskatchewan.

St. Pierre was added into the retrial later so his case, originally from Yorkton, could be heard alongside the others. Poitras was stopped near Alcott Creek with a firearm but had not harvested anything, Boyer was fishing at Chitek Lake and had two fish, while St. Pierre had shot a moose.

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

The trial is scheduled to continue through February and March 2026, with closing arguments expected by early April.

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Kenneth.Cheung@pattisonmedia.com

by Kenneth Cheung

‘A test case’: Métis hunting rights retrial to resume in 2026 with expert evidence

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