No Mtis right to fish in Kouchibouguac: court

Jackie Vautour, an 82-year-old who claimed he had the right to harvest clamsin a nationalparkbecause of his Mtis descent, has lost his lengthy court battle.

The case dates back tothe fall of 1998 when Vautour and son Roy were charged with illegal fishing in Kouchibouguac National Park.

Theywere convicted in 1999, but appealed and their convictions were overturned in 2001. Ajudge ruled the Vautours should have a chance to present evidence to supportthe claim of aboriginal rights, and a new trial began in 2006 in provincial court.

Vautour and his son both testified that they had harvested clams,and anumber of witnesses were called by the Crown and the defence overfour yearsto argue whether a Mtis community was ever established in the area.

Moncton provincial court Judge Pierre Arseneault was not convinced, ruling Friday that Vautour's lawyer failed to established a historic presence of Mtis in the area.

He wrote that"the evidence would overwhelmingly suggest that none ever existed."

With the aboriginal claim dismissed, the father and sonwere convicted. Vautour was given an absolute discharge and his son was fined $800.