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Provincial Court Judge David Arnot found Orville, Charles and Darcy Stone, Milton Spyglass and Anderson Moosomin from the Mosquito Band and Raymond Tootoosis from the Poundmaker Band guilty as charged and fined a total of $1,300.
In November 1987, four American hunters hired non-Indian outfitter Anthony Glessing of Big T Guilding Service of North Battleford to hunt white-tail deer for sport trophies, on the Mosquito Reserve. Glessing, in turn, hired the men to act as guides and bush beaters.
The men were charged with illegally hunting without a license; failing to wear required hunting colours and hunting white-tail deer by non-residents in a prohibited zone. Charges were laid because the reserve is located in a wildlife management zone where non-residents are not allowed to hunt.
Judge Arnot ruled the Indians were paid $100 each for the services they rendered during the hunt and were not hunting for food. They were principally involved in the enterprise of sport hunting for remuneration.
The hunt was organized by Mr. Glessing, a non-Indian was paid $3,450 for his services. He was fined $4,000 for hunting illegally and $100 for failing wear required hunting colours.
The question remains does the Wildlife Act and regulations apply to persons hunting on the Mosquito Indian Reserve? The area the accused persons were hunting was within the tract of land included in Treaty No.6.
Treaty No. 6 gave the Indians a right to hunt and fish throughout the tract of land subject to "such regulations as may from time to time be made by the Government of the Dominion of Canada."
The Indians were allowed to divide the deer carcasses for food for themselves and their own families. Four deer were shot, only three carcasses were kept on the reserve. The fourth was taken by one of the sport hunters for use as a full sized trophy mount. The deer that became a full trophy mount was not shot for food. Judge Arnot dismissed arguments the Indians were exercising Treaty Rights.