Criminalization of the Treaty Right to Fish: Response of the Great Lakes Chippewa

Source: (2006) In, Ross, Jeffrey Ian and Gould, Larry, editors, Native Americans and the Criminal Justice System, Paradigm Publisher, Boulder, London. Pp.161-177

Lands ceded to the US government by the Chippewa in the Treaties of 1837 and 1842 guaranteed the continued privilege of hunting, fishing and gathering wild rice upon the lands, rivers and lakes included in the territory area. Over time the government used the legal system to remove resources ceded to Indians while simultaneously attempting to use the legal system to criminalize long-standing behavior that was also guaranteed by treaties. As the government exercised its power over the Chippewa, treaty rights that promised the continuance of fishing, hunting and gathering were severely eroded, thus criminalizing behavior that was previously protected by precedent. The political assault against Indian treaties began in 1973 when two Chippewa men were arrested for ice fishing on off-reservation waters. With this arrest, the knowledge and methods of hunting and fishing passed down from elders through the ages became criminalized, and the Chippewa were punished for continuing their traditions. This chapter outlines the Voight decisions reaffirming Chippewa treaty rights and the ensuing intense racial hostilities that pitted whites against Indians both in court and at the boat landings with the beginning of each new fishing season every spring. (excerpt)