A judge has rejected the Manitoba Wildlife Federation’s plea for legal action to halt a checkstop by a First Nation that reportedly obstructed licensed moose hunters from traversing earlier this autumn.
The wildlife federation had sought a court order from the Court of King’s Bench to halt Bloodvein First Nation from restricting access to Rice River Road before the resumption of licensed moose hunting in the area on Monday, according to court records submitted last month.
Bloodvein announced in late August its decision to turn away licensed hunters at its Rice River Road checkstop, located several kilometers south of the community, in response to concerns about dwindling moose populations. Initially established in May outside the community to curb the influx of drugs and alcohol, the checkstop was repurposed for this cause.
In a ruling delivered on Thursday, Justice Theodor Bock stated that while licensed moose hunters might face inconveniences, they would not be entirely prevented from hunting in the impacted game areas due to the checkstop. Bock expressed skepticism that the checkstop, if utilized as an illicit blockade against licensed moose hunters as suggested by the Manitoba Wildlife Federation, would permanently obstruct hunters from legally hunting elsewhere in Manitoba.
Representing the Manitoba Wildlife Federation, Kevin Toyne argued in court earlier this month that the First Nation’s checkstop constituted an unlawful blockade of a public highway, highlighting instances where hunting parties were impeded during the initial moose hunting season in September.
Bloodvein Chief Lisa Young assured the court that licensed hunters would not be prohibited from passing through the checkstop during the subsequent leg of moose hunting season in December. Both Toyne and Chris Heald, the federation’s senior policy adviser, hailed the court proceedings as a success for Manitoba hunters, emphasizing that licensed moose hunters now have access to provincial lands beyond the checkstop.
Judge Bock acknowledged Bloodvein’s right to protest the issuance of moose hunting licenses in its traditional territory but emphasized that this should not be through an illegal blockade. The judge noted that whether the checkstop constituted a blockade remained uncertain, as there was no evidence that other hunting parties were obstructed.
Chief Young disclosed that hunters crossing the checkstop in December would be accompanied by Bloodvein’s land guardians, Manitoba Conservation, and First Nation safety officers due to the perilous terrain north of the checkstop. Young underscored that the checkstop was crucial for addressing drug and alcohol issues within the community and ensuring the safety of individuals.
In September, the province implemented a hunting buffer zone affecting specific gaming areas along Rice River Road, the Bloodvein River, and Namay Falls, which will be in place for the 2025 hunting season only. The Manitoba Wildlife Federation also requested a judicial review of the buffer zone, a matter that remains pending.
Bock clarified that the injunction request and the judicial review were distinct issues. The judicial review is yet to be addressed.