In Canada all wildlife is the property of the Crown. Why is it then that paid hunting is allowed in Saskatchewan and not in Alberta and what is the difference in the provincial acts?
In this column we take a look at hunting for profit in both provinces. The current position of the Government of Alberta is that hunting on enclosed domestic farms for cervids and other wildlife is not permitted. Under the Municipal Government Act there are provisions through permit for other activities that associate with hunting such as cabins, campgrounds or riding trails but this does not provide for recreational or for profit use of land in regards to wildlife. Wildlife in Alberta belongs to the Crown until a transfer, such as a tag, is provided. The Crown may choose at any time to transfer ownership in whole or in part to an individual and Section 9 of the Wildlife Act in Alberta enables the minister to transfer ownership of Crown property such as wildlife on specific terms and conditions.
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In regards to land access the act states:
Disposition of access to land
49(1) No person shall directly or indirectly buy or sell, trade or barter or offer to buy or sell access to any land for the purpose of hunting any big game or any fur-bearing animals on any land.
(2) No person shall directly or indirectly buy or sell, trade or barter or offer to buy or sell access to any land for the purpose of hunting any game bird except as provided in Subsection (3).
(3) No person shall directly or indirectly buy or sell, trade or barter or offer to buy or sell access to any land for the purpose of hunting upland game birds.
(a) on privately owned land unless the person holds a licence issued to the person for that purpose pursuant to this act and except in accordance with the regulations, or
(b) on public land that is not privately owned land. 1984 cW-9.1 s49;1996 c33 s35
Hunting in Saskatchewan
Wildlife contained on farms in Saskatchewan are eligible for hunting. Included are cervids, bison and boar. In Alberta, wild boar is considered game inside the fence and fee for hunting is allowed. Once the pigs escape they are deemed a pest (declared 2008) and are bounty hunted in some counties. The Crown is the owner of all wildlife in Canada, including Saskatchewan but there has been an exception in Section 24 of the Wildlife Act of 1998.
4(1) Subject to Subsection (2) in all wildlife situated within a province, while in a state of nature, is hereby declared to be vested in her Majesty in right of the province and no person shall require any right or property therein or otherwise than in accordance with this act and the regulation.
The exception is Saskatchewan as stated in Section 24 of the Wildlife Act 1998:
24(1) Subject to this act and the regulations, a person has all the property rights, title and interest in and to any wildlife where that person a) is in possession of the wildlife b) has a licence authorizing possession of the wildlife.
Saskatchewan’s act also allows the minister to compensate for property damage or loss caused by wildlife. Hunt farms are licensed and fall under the director of Fish and Wildlife and those employed by Fish and Wildlife. The licence may be revoked at the discretion of the director and the wildlife on that licensed farm may be sold, moved or set free at the discretion of the director. The director is advised by an appointed advisory committee.
Native rights
The Canadian Constitution of 1930 included the Natural Resources Transfer Agreement (NRTA), “that the said Indians shall have the right, which the province hereby assures to them, of hunting, trapping and fishing game and fish for food at all seasons of the year on all unoccupied Crown lands and on any other lands to which the said Indians may have a right of access.” Additionally, Aboriginal hunting and rights are protected under Section 35 of the Constitution Act, 1982 and the Indian Act (1876).”
There is provision under the Canadian Wildlife Act for the minister to call on committee, council or advisory and this may be an avenue to address needs of those who wish to discuss game hunting on private land for a fee. Each province does have the opportunity for provincial amendment such as was made in Saskatchewan in 1998 and in Alberta there is a bit of vague direction in terms of the possession of wildlife as an exception as stated in the act:
Subsection 55(2) (b) on a farm or a game production farm if that possession is reasonably incidental to the operation of that farm or off the farm if that possession is reasonably necessary for its operations.
At this time the discussion regarding the access and ownership, control and care of livestock is taking place at the industry level and could be re-established as a priority within the provincial government.
