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“What we’re trying to do is force the province into a better moose management system. And our treaty rights that are constitutionally protected need to have the top priority after conservation before any licences can be issued,” Chief Heidi Cook said in an interview.

The lawsuit says the First Nation has observed a sharp drop in moose harvested by members.

Between 2011 and 2017, hunters harvested 17 to 22 moose annually. From 2018 to 2024, it was five, says the claim.

Last year, Misipawistik warned the province its members couldn’t meaningfully hunt for moose in the territory and asked the government to put a hold on licences. The government reduced the number issued and committed to working with the community to determine population dynamics and food needs of the First Nation.

Cook said that didn’t happen and the community was surprised to learn in May the province issued 136 licences and 68 tags for bull moose for the three areas in the territory.

“What they’re doing is counting on unsuccessful harvest, which is not the way to manage a population sustainably,” she said.

The First Nation asked the province to provide “defensible data” to show a moose hunt can move forward in a sustainable way, but the government has not developed a consistent way to track moose populations, alleges the lawsuit.

In 2018, Misipawistik developed a land guardian program to track moose in the area. The document says the community noticed the population dwindling because of hydroelectric development, resource extraction, roads and the intrusion of non-treaty-rights holding licensed hunters

Land guardians consult with non-community hunters in the area to track numbers. Cook said for the most part the work has been successful, but some outside hunters have reacted defensively and believe the First Nation wants to push them out permanently.

The claim argues the province must give priority to the community and consult with it before issuing licences in the areas.

“Moose harvesting is intrinsic to Misipawistik’s spiritual, ceremonial and cultural practices and integral to the social identity and cultural continuity of Misipawistik. The spiritual, emotional and physical health of Misipawistik members suffers when the Treaty right to hunt moose for food is infringed or under threat,” the lawsuit says. 

The importance of moose extends beyond food for the community, said Cook.

On a hunt, elders and knowledge keepers pass sacred teachings onto younger members, often in Cree. Following the harvest, parts of the animal can be used to pass on traditional and customary practices involving the preparation and tanning of hides, used to create ceremonial drums, rattles and clothing. Other parts are used to make artwork and tools, including scrapers, knives and hammers.

“It nourishes us in ways beyond just having a full belly,” said Cook. 

Misipawistik is the latest First Nation to take action to stop hunting in its traditional territory this year due to low moose numbers. 

Bloodvein First Nation, north of Winnipeg, recently erected signs prohibiting non-members from hunting in their territory. The province announced this week a buffer zone would be enforced there for the season. 

“The moose is a resource for all Manitobans. That’s the position of our government,” Premier Wab Kinew said Thursday regarding some First Nations’ concerns about the hunting season.

“We have treaties in Manitoba. Treaties are about sharing. We want to make sure that there can be sharing.”

Kinew wouldn’t comment on Misipawistik’s lawsuit, as it’s before the courts. 

The lawsuit says Misipawistik would like to see a halt in its territory until moose populations can recover and meet the food needs of the current on-reserve population, estimated to be 29 to 55 moose annually. 

In the meantime, the First Nation has been financially supporting hunters to travel to Saskatchewan for food, social and ceremonial needs. Cook said that is not sustainable. 

“We need to address the management system now, before there’s a complete collapse of the moose population.”

This report by The Canadian Press was first published Sept. 18, 2025.