Wowkwis

This hypothetical problem involves a dispute over legal entitlements to a wild animal pelt in the aftermath of fox hunt.

West Eggleston is back in the news after claims by a Mi’kmaw hunter that one of its residents unlawfully interfered with a fox (wowkwis, in Mi’kmaq) hunt in which the hunter was exercising their constitutionally-protected treaty rights. The population of wowkwis has been growing rapidly in the area in recent years, exceeding the carrying capacity of the landscape, disrupting the ecosystem balance among its prey and other predators, and causing more and more interactions with human settlements. As a consequence, the Assembly of Nova Scotia Mi’kmaw Chiefs issued a statement underlining the significant role Mi’kmaw hunters play in establishing and sustaining healthy forest ecosystems.

The controversy came about after the hunter had pursued the wowkwis at length during a morning hunt across a large tract of inland forest that borders on several residential parcels in and around West Egg. The forest land is designated by the Province of Nova Scotia as Crown Land (i.e. land “vested in the Crown” and “under the administration and control of the Minister” of Lands and Forests pursuant to the Crown Lands Act, RSNS 1989, c 114, s 9).

After several hours of pursuit to the edge of the forest, the hunter shot and wounded the wowkwis but was unable to capture it before it ran toward one of the neighbouring properties on which there was a small house and backyard surrounded by a picket fence. Upon hearing a noise outside, the occupant of the house emerged and spotted the wounded fox scratching at the gate. Being a long-time advocate for animal welfare who opposed all forms of hunting, the house’s occupant moved quickly to let the fox inside. As soon as the gate was opened, the wowkwis sprinted toward the house but with this final expenditure of effort died soon after.

The hunter requested that the fox pelt be returned to them but the house’s occupant refused. Despite this refusal, the hunter entered the gate, seized the pelt of the wowkwis and carried it away. In the aftermath of the dispute, it was discovered that the occupant was not in fact the owner of the land where the fox died. By some surveyor’s mistake many years ago, the land had been included in the original West Egg development without the co-operative ever having acquired title. That title remained with the Crown as part of the larger tract of neighbouring forest land.

Neither the hunter nor the occupant of the land held a Provincial license to hunt fox at the time of the events. The West Egg co-operative’s by-laws stipulate that all members are required to make every effort to keep wild “nuisance” animals from coming into or otherwise disrupting quiet enjoyment of the community.

Once the controversy described above hit the news, it attracted the attention of provincial officials. Soon after, both the house’s occupant and the hunter received a letter from the Minister of Lands and Forests demanding that the wowkwis pelt be turned over to the Department.

Who owns the pelt of the wowkwis?