OwnershipTop
I am a Metis woman, who was given eagle feathers by her now-estranged status Indian husband. He received them
from the local MNR (I was with him). An eagle had been caught in a trap and he was given the eagle with a ‘certificate’
or something he signed. When we were taking it apart he gave me the feathers. Am I able to keep these feathers? I
have made them into a fan and they are very special to me and are used in traditional ceremonies only. I know I can’t
take them into the US, but I’m wondering about here.
The eagle feathers you were given by your previous husband are legally yours in Ontario. The legal owner of eagle feathers is
prohibited by law to sell them, but can give them as a gift to another person. You are correct about not taking your eagle feathers
into the United States. It is prohibited under US laws protecting eagles. However, you can take them to other parts of Canada
because you are the legal owner under Ontario law.
I have a question about who would be entitled to ownership of a Bald Eagle if it was struck and killed by a car or train.
If someone reported and claimed it but another person picked it up before the first person could, who would have a
legal right to own that bird and get a permit. Do you have any information concerning a situation like this?
You did not mention where the eagle was killed by a car or train. Each province has different laws regulating eagles. In Ontario
you must take the eagle to an office of the provincial Ministry of Natural Resources (MNR). Before you can possess it
legally, you must explain to the MNR how and where the eagle was obtained and it would be inspected by a conservation officer
or biologist to determine the cause of death. If it passes inspection, the MNR issues a permit called a “Certificate of Reporting”
in your name. The certificate (permit) is needed to have it mounted by a taxidermist. Please note that in Ontario it is unlawful to
sell the eagle or trade it for any consideration. However, it can be legally given to another person or donated to a museum, school, etc.
The second part of your question is more difficult to answer. If you accidentally killed the eagle with your car, you would have
first choice of ownership provided the above MNR conditions are met. If it were hit by a passing train, then the person who gets
it first normally would have the right to own it subject to MNR approval. If there is a disagreement about ownership, the MNR
can give you advice. Please note that wild eagles in Ontario are crown property of province unless a permit is issued. If the
MNR finds any evidence that the eagle was not killed accidentally or that it died unnaturally, then it remains crown property.
Disclaimer: The above is only for your general information. It must not be considered as legal advice. Please contact the
provincial government where the eagle was found.
Bald Eagle. Photo: Ken Newcombe