Interim Measures Agreement

This Interim Measures Agreement

BETWEEN

Her Majesty The Queen in Right of Canada ("Canada")

and

Her Majesty The Queen in Right of Newfoundland ("Newfoundland and Labrador")

The Inuit of Labrador as represented by the Labrador Inuit Association ("LIA")

A. On June 25th, 2001, the Inuit of Labrador as represented by Labrador Inuit Association, Her Majesty The Queen in Right of Newfoundland as represented by the Premier and the Minister of Labrador and Aboriginal Affairs and Her Majesty The Queen in Right of Canada as represented by the Minister of Indian Affairs and Northern Development signed the Labrador Inuit Land Claims Agreement-in-Principle ("AIP");

B. The Parties are negotiating a final Labrador Inuit land claims agreement based on the AIP;

C. The Parties agree that the lands and resources in the area identified as the Labrador Inuit Settlement Area should be managed so as to ensure that the rights and benefits contemplated in the AIP are not eroded while this interim measures agreement is in effect;

D. The Parties have ratified this interim measures agreement,

THE PARTIES AGREE:

1. In this interim measures agreement words and phrases that begin with a capital letter are defined in Appendix A.

2. This Agreement:

(a) is not legally binding;

(b) does not recognize, affirm, define or limit the aboriginal rights of any aboriginal people;

(c) is without prejudice to any position taken by a Party during the course of negotiations toward the final Labrador Inuit land claims agreement ("final agreement negotiations") or in any other forum;

(d) does not affect the Memorandum of Understanding on Interim Measures Related to The Proposed Torngat Mountains National Park Reserve between LIA and Newfoundland and Labrador dated June 30, 2000; and

(e) comes into effect upon its execution by the Parties, except for section 27 which will come into effect on January 1, 2002; and

3. Unless this Agreement is terminated early under section 4 or is extended under section 5, it remains in effect for two years or until the Effective Date, whichever happens first.

4. If a Party withdraws from or refuses to participate in final agreement negotiations, any Party may terminate this Agreement by giving 90 days written notice of termination to the other Parties.

5. The Parties may, by written agreement, amend this Agreement and extend its term.

6. The Parties will take reasonable actions to implement this Agreement.

Existing Rights and Interests

7. Nothing in this Agreement:

(a) affects an existing legal right, title or interest in land or resources; or

(b) prevents the renewal, replacement, reissuance, extension or transfer of an existing legal right, title or interest in land or resources, including a permit or license, that might otherwise have been granted or permitted if this Agreement did not exist.

8. Canada agrees to continue existing practices under the Fisheries Act and its regulations, and the Migratory Birds Convention Act,1994, and its regulations, respecting Labrador Inuit Harvesting for food, social and ceremonial purposes.

9. Newfoundland and Labrador agrees to continue its Interim Wildlife Policy dated August 28, 1992, which is attached as Appendix "B".

10. Appropriate federal or provincial authorities agree to contact the President, or designate, of LIA and the President, or designate, of LIA agrees to contact appropriate federal or provincial authorities to discuss any perceived concerns regarding enforcement issues or other management measures with respect to Inuit Harvesting of Wildlife, Fish or Plants.

11. LIA and Newfoundland and Labrador agree to cooperate in an effort to develop a proposal for the establishment, under provincial regulations, of a polar bear management zone in that portion of Labrador from Fish Cove Point in Groswater Bay to Cape Chidley. The proposal will address techniques to minimize the risk of polar bears being killed as a result of encounters with tourists, prospectors and others entering the zone for purposes of work or recreation and may include the establishment of avoidance guidelines, the use of deterrents and the posting of bonds.

12. Except as otherwise provided in section 13, Newfoundland and Labrador agrees that it will not execute any New grant, lease, license or easement of land within an area identified and selected to be Labrador Inuit Lands without the written consent of LIA.

13. Newfoundland and Labrador may, without the written consent of LIA but following Consultation with LIA, issue any of the following in Labrador Inuit Lands:

(a) a grant to an individual pursuant to section 36 of the Lands Act;

(b) a lease, licence or easement in favour of an individual whose original authorization has lapsed or expired, but who has continued in actual occupation and otherwise complied with all terms and conditions of the authorization;

(c) a lease, license or permit issued in respect of land within a Water Lot with the intent that the use of any structure in existence on June 25, 2001, including a wharf, dock, floating dock or mooring, within the Water Lot will continue;

(d) a lease, licence or permit in respect of infrastructure in existence on June 25, 2001, such as outbuildings, boathouses, wharves, docks or moorings which are associated with a current lease, license or permit issued in respect of land; and

(e) a licence for the establishment of a temporary Exploration camp or fuel cache in accordance with an Exploration Approval.

14. Newfoundland and Labrador agrees that it will not execute any New grant, lease, license or easement of land within the proposed boundaries of an Inuit Community without Consulting LIA and the appropriate municipal council. Such Consultation shall take place within the timetable, if any, which has been established pursuant to Legislation or departmental practice.

15. Subject to section 2(d), Newfoundland and Labrador agrees to Consult LIA before executing any New grant, lease, license or easement of land within the Labrador Inuit Settlement Area outside Labrador Inuit Lands. Such Consultation shall take place within the timetable, if any, which has been established pursuant to Legislation or departmental practice.

16. Newfoundland and Labrador agrees to waive the payment of fees by Inuit for the purpose of establishment or occupation of Aullâsimavet if such sites are approved by Newfoundland and Labrador.

17. Newfoundland and Labrador agrees that it will not revoke, repeal or amend paragraphs F to L, inclusive, of Schedule A to the Mineral Regulations (CNR 1143/96) without the written consent of LIA.

18. Newfoundland and Labrador agrees to Consult LIA before approving any application for a Mineral exploration permit in connection with a map staked license that was applied for or issued within the area described in paragraphs F to L, inclusive, of Schedule A to the Mineral Regulations (CNR 1143/96) prior to the establishment of the areas as exempt mineral areas.

19. Newfoundland and Labrador agrees that it will not permit the Development or processing of Minerals in, on or under an area identified and selected as Labrador Inuit Lands without the consent of LIA and will not issue any New lease of Minerals pursuant to the Mineral Act in, on or under an area identified and selected to be Labrador Inuit Lands without the consent of LIA.

20. Newfoundland and Labrador agrees that it will not issue any New lease, license or permit under the Quarry Materials Act, 1998, (SN 1998 c. Q-1.1) in an area identified and selected to be Specified Materials Lands without the consent of LIA.

21. Newfoundland and Labrador agrees to Consult LIA and, where appropriate, the relevant municipal council, before issuing any New lease, license or permit under the Quarry Materials Act, 1998 (SN 1998 c. Q-1.1) within Labrador Inuit Lands, outside Specified Material Lands, or within the proposed boundaries of an Inuit Community. Such Consultation may include the conditions to be attached to any such lease, licence or permit. Such Consultation shall take place within the timetable, if any, which has been established pursuant to Legislation or departmental practice.

22. Except as otherwise provided in section 23, Newfoundland and Labrador agrees that it will not issue a New lease, license, permit or right to use or develop Water for commercial or industrial purposes in Labrador Inuit Lands without the written consent of LIA.

23. Newfoundland and Labrador may, without the written consent of LIA but following Consultation with LIA, issue a lease, license, permit or right to use Water on, in, under or flowing through Labrador Inuit Lands for purposes of:

(a) approved Exploration in Labrador Inuit Lands;

(b) quarrying in Specified Material Lands which commenced before the ratification of this Agreement for which no lease, permit or right to use Water had been issued; or

(c) quarrying on Labrador Inuit Lands outside Specified Material Lands.

24. Newfoundland and Labrador agrees that it will not issue a New lease, licence, permit or right to use or develop Water for commercial or industrial purposes in the Labrador Inuit Settlement Area if the proposed use would substantially alter the quantity, quality or rate of flow of Water on, in, under, flowing through or adjacent to Labrador Inuit Lands without the written consent of LIA.

25. Newfoundland and Labrador agrees that it will not issue a New lease, license, permit or right to use or develop Water for commercial or industrial purposes in the Labrador Inuit Settlement Area outside Labrador Inuit Lands without Consulting LIA. Such Consultation shall take place within the timetable, if any, which has been established pursuant to a Legislation or departmental practice.

26. Newfoundland and Labrador agrees that it will not authorize any New Commercial Wildlife Operations in or with respect to the Labrador Inuit Settlement Area while this Agreement is in effect.

27. Canada agrees to Consult LIA about the possibility of additional commercial fisheries access in the Zone and waters adjacent to the Zone.

28. Newfoundland and Labrador agrees that it will not enter into any New timber sale agreement or issue any New timber license or cutting permit within the Labrador Inuit Settlement Area without first Consulting LIA.

29. LIA and Newfoundland and Labrador agree to cooperate in order to facilitate Inuit access to commercial timber in lands identified and selected to be Labrador Inuit Lands, particularly in the Postville area, in a manner that respects principles of forest management and that takes into account the need for a future land use plan under the final Labrador Inuit land claims agreement.

30. Before carrying out, permitting or authorizing an Archaeological Activity on federally owned lands located within:

(a) the proposed boundaries of an Inuit Community, Canada agrees to Consult LIA, Newfoundland and Labrador and the appropriate municipal council; or

(b) The Labrador Inuit Settlement Area outside the Inuit Communities, Canada agrees to Consult LIA and Newfoundland and Labrador.

31. Where an unplanned critical situation has occurred on federally-owned lands in the Labrador Inuit Settlement Area which has the potential to result in the destruction of, or significant injury to, Archaeological Material, and Canada believes on reasonable grounds that completing Consultations pursuant to section 30 would exacerbate the potential risk of destruction or significant injury to the Archaeological Material, Canada reserves the right to authorize a Person to carry out an Archaeological Activity without first performing the Consultations described in section 30. In such case, Canada agrees to notify LIA and Newfoundland and Labrador and provide each of them with appropriate information at the earliest possible opportunity.

32. Newfoundland and Labrador agrees that it will not issue any New permit authorizing a Person to carry on an archaeological investigation within an area identified and selected to be Labrador Inuit Lands without the written consent of LIA.

33. Newfoundland and Labrador agrees that it will not issue any New permit authorizing a Person to carry on an archaeological investigation within the proposed boundaries of an Inuit Community, excluding Labrador Inuit Lands, without Consulting LIA and the appropriate municipal council. Such Consultation shall take place within the timetable, if any, which has been established pursuant to Legislation or departmental practice.

34. Newfoundland and Labrador agrees that it will not issue any permit authorizing a Person to carry on an archaeological investigation in the Labrador Inuit Settlement Area outside Labrador Inuit Lands and the proposed boundaries of the Inuit Communities without Consulting LIA.

35. Notwithstanding sections 32 - 34, inclusive, where the Minister believes on reasonable grounds that an emergency exists, Newfoundland and Labrador reserves the right to authorize a Person to carry out an archaeological investigation in the Labrador Inuit Settlement Area without first obtaining the consent of, or Consulting with LIA, as the case may be. In such a case, Newfoundland and Labrador agrees to notify LIA and provide it with appropriate information at the earliest possible opportunity.

36. For purposes of section 35, an emergency will be found to exist where:

(a) there is an unplanned critical situation which has the potential to result in the destruction of or significant injury or damage to an historic resource; and

(b) where either efforts to obtain the consent of LIA or Consult with LIA have proved unsuccessful, or the time required to obtain such consent or engage in Consultation would exacerbate the potential for such destruction or damage.

37. Canada agrees to Consult LIA prior to issuing any approval under the Navigable Waters Protection Act in the Labrador Inuit Settlement Area.

38. If Canada or Newfoundland and Labrador is the proponent of a Project in the Labrador Inuit Settlement Area, each agrees to Consult LIA about any commercial shipping related to the Project.

39. Newfoundland and Labrador agrees not to establish any Protected Area in an area identified and selected to be Labrador Inuit Lands without the written consent of LIA.

40. Canada agrees to invite LIA to participate in any environmental assessment conducted by Canada under federal Legislation to assess the environmental impacts of any new project that may in the opinion of the relevant federal authority reasonably be expected to have adverse environmental effects in the Labrador Inuit Settlement Area, whether or not the new project is proposed to be carried out in the Labrador Inuit Settlement Area. For greater certainty, participation would include representation on any panel established to assess a project in the Labrador Inuit Settlement Area.

41. For proposed Projects in the Labrador Inuit Settlement Area, Newfoundland and Labrador agrees to:

(a) provide the LIA an opportunity to review and make recommendations to the Minister on:

(i) registrations;

(ii) guidelines for any environmental preview report or environment impact statement; and

(iii) environmental preview reports and environmental impact statements.

(b) provide LIA an opportunity to participate in the establishment of any environmental assessment board established under the Newfoundland Environmental Assessment Act, 2000, to hold public hearings and provide advice and recommendations to the Minister with respect to a proposed Project.

(c) Consult LIA before making any decision under the Newfoundland Environmental Assessment Act, 2000, that would allow a proposed Project to proceed.

42. If, in the opinion of the Minister, a proposed Undertaking may reasonably be expected to have adverse Environmental Effects in the Labrador Inuit Settlement Area, Newfoundland and Labrador agrees to Consult LIA about measures necessary to ensure its meaningful participation in any environmental assessment process which may be established.

43. Newfoundland and Labrador agrees to Consult LIA before proposing any change to Legislation related to or affecting Harvesting, land, Minerals, land use planning, management of land or water or environmental assessment in the Labrador Inuit Settlement Area. This paragraph does not apply to proposed changes to taxation Legislation or the revision or enactment of municipal bylaws.

44. Canada agrees to Consult LIA before proposing any changes to the Fisheries Act and its regulations, the Navigable Waters Protection Act and its regulations, and the Migratory Birds Convention Act,1994, and its regulations that may directly relate to subject matters addressed in the AIP. Nothing in this section imposes a financial obligation on Canada.

IN WITNESS WHEREOF, the Parties have executed this Agreement this ___ day of ____, 2001.

"Agreement" means this interim measures agreement;

"Aquatic Plant" includes all benthic and attached algae, kelp, marine flowering plants, brown algae, red algae, green algae, phytoplankton and other plants which complete their entire life cycle in water;

"Archaeological Activity" means physical activity carried out in the Labrador Inuit Settlement Area in connection with the discovery, recovery or field study of the remains of prehistoric and historic periods and includes ‘archaeological investigation’ as defined in the Historic Resources Act, RSN 1990, c. H-4 or an activity that disturbs or may result in the disturbance of an Archaeological Site or Archaeological Material;

"Archaeological Material" means an object of archaeological or ethnological importance, interest or significance found in whole or in part on or in land in the Labrador Inuit Settlement Area and includes ‘archaeological object’ as defined in the Historic Resources Act, RSN 1990, c. H-4 but does not include Inuit Cultural Material;

"Archaeological Site" means land in the Labrador Inuit Settlement Area containing Archaeological Material or where Archaeological Activity is conducted;

"Aullâsimavet" means settlements, camps or places other than communities, occupied by Inuit families or groups of Inuit in the Labrador Inuit Settlement Area on a seasonal, semi-permanent or permanent basis for hunting, fishing, trapping or gathering and for the use and enjoyment of the lands, waters and ocean of the Labrador Inuit Settlement Area, but does not include transient hunting camps or sites randomly occupied for a few days or weeks at a time;

"Canada" means Her Majesty the Queen in right of Canada or in relation to specific actions, the responsible Minister of Canada;

"Carving Stone" means soapstone and serpentinite that is suitable for carving purposes;

"Commercial Wildlife Operation" means an undertaking in the Labrador Inuit Settlement Area that:

(a) uses Wildlife for commercial purposes and includes a facility catering to Recreational Hunting or the non-consumptive use of Wildlife; or

(b) is a Sports Fish Camp;

"Consult" means to provide:

(a) to the Person being consulted, notice of a matter to be decided in sufficient form and detail to allow that Person to prepare its views on the matter;

(b) a reasonable period of time in which the Person being consulted may prepare its views on the matter, and an opportunity to present its views to the Person obliged to consult; and

(c) full and fair consideration by the Person obliged to consult of any views presented;

"Development" means a commercial or industrial undertaking, including a power generation or water exploitation undertaking, but excludes:

(a) Exploration;

(b) map staking; and

(c) a National Park or National Park Reserve;

"Effective Date" means the first date on which federal and provincial ratification Legislation referred to in part 23.8 of the AIP are both in effect;

"Environment" means the components of the earth and includes

(a) land, water and air, including all layers of the atmosphere;

(b) all organic and inorganic matter and living organisms;

(c) the social, economic, recreational, cultural and aesthetic conditions and factors that influence the life of humans and communities; and

(d) any part or combination of the components referred to in paragraphs (a), (b) and (c) and the interrelationships between two or more of them;

"Environmental Effect" means, in respect of a Project or Undertaking:

(a) any change that the Project or Undertaking may cause in the Environment, including any change on health and socio-economic conditions, on physical and cultural heritage, on the current use of lands and resources for traditional purposes by aboriginal individuals, or on any structure, site or thing that is of historical, archaeological, paleontological or architectural significance; and

(b) any change to the Project or Undertaking that may be caused by the Environment whether the change occurs within or outside Canada;

"Ethnographic Material" means material from the Labrador Inuit Settlement Area, other than Archaeological Material, made, modified or used by humans, and collected and documented for the interpretation and descriptive study of human culture;

"Exploration"means the prospecting, ground staking, surveying, drilling, trenching, sinking underground shafts or otherwise searching for or proving the existence, value or extent of Subsurface Resources, but does not include map staking;

"Exploration Approval" means the authorization issued pursuant to the Mineral Act to engage in Exploration, including ground surveys, trenching, line cutting, scout drilling, delineation drilling and sampling, including bulk sampling, together with the establishment of camps and all other related and incidental activities and temporary facilities for Exploration purposes;

"Fish’ includes:

(a) parts of fish;

(b) shellfish, crustaceans, marine animals and any parts of shellfish, crustaceans or marine animals; and

(c) the eggs, sperm, spawn, larvae, spat and juvenile stages of fish, shellfish, crustaceans and marine animals;

"Gas" means natural gas and includes all substances other than Oil that are produced in association with natural gas;

"Geothermal Resource" means a subsurface or surface source of heat energy that results from subsurface geological processes, and includes steam, hot fluids or heated rock but does not include the normal background heat flow found in the subsurface;

"Harvest" means the reduction of Wildlife, Plants, Fish or Aquatic Plants into possession, and includes fishing, hunting, trapping, netting, egging, picking, collecting, gathering, spearing, killing, catching, capturing or taking by any means or method or attempting to reduce Wildlife, Plants, Fish or Aquatic Plants into possession by any means or method and, with reference to Plants, includes wooding, cutting or digging or attempting to do so;

"Inuit" means the members of the Labrador Inuit Association;

"Inuit Community"means the community of Nain, Hopedale, Makkovik, Postville or Rigolet;

"Inuit Cultural Material" includes Ethnographic Material and any object from the Labrador Inuit Settlement Area, other than Archaeological Material, that is of cultural importance to Inuit or of value for the information it may give about contemporary, historic or prehistoric Inuit;

"Labrador Inuit Association" means the body corporate duly organized and existing under that name under Laws of Newfoundland and Labrador and includes its successor or assigns;

"Labrador Inuit Lands" means the lands referred to in section 3.4.1 of the AIP;

"Labrador Inuit Settlement Area"means the Labrador Inuit Settlement Area referred to in section 3.2.1 of the AIP and includes Labrador Inuit Lands, the Inuit Communities and the Zone unless otherwise provided;

"Law" includes federal and Newfoundland and Labrador Legislation, the common law and equity;

"Legislation" includes statutes, regulations, ordinances and orders in council;

"Marine Protected Area" means a marine protected area established under the Oceans Act but does not include a National Marine Park;

"Mineral" means any naturally occurring inorganic substance including gems, precious and base metals, coal and mineral contained in mine tailings, but does not include water, Quarry Materials, stratified deposits other than coal from which Oil can be extracted, or Petroleum;

"Minister" means, in relation to any matter, the responsible Minister of Canada or of Newfoundland and Labrador having jurisdiction over the particular matter;

"National Marine Park" means an area, other than a Marine Protected Area, established in accordance with federal Legislation for the purpose of protecting and conserving representative marine areas, and for the benefit, education and enjoyment of the people of Canada and the world;

"National Marine Park Reserve" means an area other than a Marine Protected Area set aside as a reserve for a National Marine Park under federal Legislation;

"National Park" means an area that has been designated as a National Park under the Canada National Parks Act and includes a National Marine Park;

"National Park Reserve" means an area that has been set aside as a reserve for a National Park under the Canada National Parks Act and includes a National Marine Park Reserve;

"New" means:

(a) a right, grant, lease, license, easement, permit, allocation, quota, privilege, benefit, agreement or authorization, as the case may be, that did not exist prior to the date on which this Agreement is executed by the Parties; and

(b) any material change in the terms or conditions of a legal right, title or interest in land or resources in existence prior to the date on which this Agreement is executed by the Parties which significantly alters the use to which the right, title or interest is put or effects a conversion of title from a licence or lease to a grant;

"Oil" means:

(a) crude oil regardless of gravity produced at a well-head in liquid form; and

(b) any other hydrocarbons except coal and gas and, without limiting the generality of the foregoing, hydrocarbons that may be extracted or recovered from deposits of oil sand, bitumen, bituminous sand, oil shale or from other types of deposits in, upon or beneath the soil of the earth including on the sea bed or the subsoil of the sea bed;

"Parties" means Canada, Newfoundland and Labrador, and the Inuit as represented by Labrador Inuit Association and Party means any one of them;

"Person" includes an individual, a partnership, a corporation, a trust, an unincorporated association, government or any agency or political subdivision of government, or other entity and their respective heirs, executors, administrators and other legal representatives;

"Petroleum" means Oil or Gas;

"Plants"means all indigenous plant life, other than Aquatic Plants, in the Labrador Inuit Settlement Area, including trees, and all parts and products thereof, and includes indigenous plant life that has been planted by humans;

"Project" means any undertaking, project, work or activity proposed to be located or carried out in the Labrador Inuit Settlement Area that requires an environmental assessment under the Canadian Environmental Assessment Act or Newfoundland Environmental Assessment Act, 2000;

"Protected Area" means any area of land, Water or ocean of particular significance or that requires special protection, other than a National Park, National Park Reserve or Marine Protected Area, and includes, without limitation, wilderness and ecological reserves, national Wildlife areas, conservation areas, provincial parks, bird and Wildlife sanctuaries, national historic sites, historic sites or places, marine Wildlife areas and provincial marine protected areas;

"Quarry Material" means a substance used in its natural form for construction or agricultural purposes and includes:

(a) clay, sand, gravel, stone, topsoil, soil, marl, peat and peat moss; and

(b) a mineral, rock or stone capable of being cut or polished for use as an ornament, personal adornment or decoration;

"Recreational Fishing" includes sport fishing;

"Recreational Hunting" includes sport hunting;

"Specified Material" means stone including stone suitable for dimension stone, Labradorite, chert, sand, gravel, clay, topsoil, soil, shale, marl, peat and peat moss when these substances are used for construction or agricultural purposes only;

"Specified Material Lands" means Labrador Inuit Lands referred to in section 3.3.3 of the AIP;

"Sports Fish Camp" means a site, facility, camp or building, constructed, used or operated for purposes of Recreational Fishing with a view to income or gain to the owner or operator;

"Subsurface Resource" means Minerals, Petroleum and Quarry Materials but excludes:

(a) Carving Stone and Geothermal Resources in Labrador Inuit Lands; and

(b) Specified Materials in Specified Material Lands;

"Tidal Waters" means any part of the sea and any part of a river within the ebb and flow of the sea at ordinary spring tides;

"Undertaking" means any undertaking, project, work or activity proposed to be located or carried out outside the Labrador Inuit Settlement Area that requires an Environmental Assessment under the Canadian Environmental Assessment Act or the Newfoundland Environmental Assessment Act;

"Water" means water flowing in a natural channel and water in a lake or other body of inland waters on the surface or underground and includes ice and all inland ground waters but does not include Tidal Waters;

"Water Lot" means an area of Labrador Inuit Lands extending seaward from the foreshore and includes the land covered by the Tidal Water column;

"Wildlife" means all species and populations of wild mammals, amphibians, and birds and all parts and products thereof, but does not include Fish; and

"Zone" means the Tidal Waters of the Labrador Inuit Settlement Area.

On August 28, 1992 the Director of Wildlife issued an operational bulletin to all staff of the Wildlife Division outlining the procedures for investigation to be used by enforcement officers in the field. These procedures were meant to assist enforcement officers in their interaction with aboriginal persons whom they suspect may be in breach of the Wildlife Act and Regulations. These procedures are as follows:

1) Aboriginal persons should be asked to identify themselves and produce evidence of their affiliation with an aboriginal organization. If evidence of the aboriginal persons affiliation is not produced, appropriate arrangements should be made to give the aboriginal persons the opportunity to provide the information.

2) If an enforcement officer has reasonable grounds to suspect that the aboriginal person is in contravention of the Wildlife Act or Regulations and the aboriginal persons actions are not within the scope of the Sparrow decision, an investigation will be conducted.

3) Officers will secure the necessary information and evidence if it is felt that charges should be laid.

4) Seizures of game and equipment, the securing of physical evidence, and the possibility of arrests will be initiated only when absolutely necessary. Whenever possible photographs will be used as evidence rather than the seizure of game and personal effects.

• LIA News Release (November 16, 2001)