Metis Hunting Rights Ruling

[getasheep]

http://www.edmontonjournal.com/techn...404/story.html

MEDICINE HAT — An Alberta judge has rejected the argument that Alberta Métis have the right to hunt in southern Alberta.

Provincial Court Judge Ted Fisher ruled Wednesday in Medicine Hat court that Métis hunter Gary Hirsekorn did not have the constitutional right to hunt for sustenance when he shot and killed a mule deer near Elkwater, Alta., in October 2007.

Fisher found Hirsekorn guilty of hunting out of season and illegal possession of wildlife. Hirsekorn, of Medicine Hat, was fined $350 on each count.

The case stemmed from charges against Hirsekorn and another man, Edmonton-area resident Ron Jones, who was charged for shooting an antelope near Suffield in January 2008. Fisher heard from 35 witnesses over a span of 14 months.

Hirsekorn and Jones, who has since died, wanted to challenge the province’s decision to restrict Métis hunting to an area around specific northern Alberta Métis settlements.

On Wednesday, Fisher told about 50 Métis people gathered in the courtroom there is no evidence that Métis occupied settlements in southern Alberta prior to the arrival of the North West Mounted Police in 1874.

Fisher said the 2003 Supreme Court of Canada Powley decision has interpreted Métis hunting rights to be site-specific and the Métis have no historic ties to southern Alberta.

“There was no regular consistent use prior to 1874,” Fisher said in his 70-minute ruling.

The judge said the Métis were fearful of even travelling into southern Alberta because the Blackfoot Confederacy fiercely defended its territory from intruders.

Fisher also criticized defence lawyers for attempting to expand their constitutional argument during the trial to include not just Métis of Alberta but a much larger group called the Métis of the Northwest.

He said that move was unfair to the Crown and to the court, and he rejected it.

Fisher chastised the Métis Nation of Alberta for challenging Alberta’s wildlife legislation in criminal court rather than in civil court.

He also ruled that the two hunters involved in the test case, Hirsekorn and Jones, were part of a staged political hunt to try to force the government to renegotiate Métis hunting policy, and as such, they were not hunting for food or ceremonial purposes.

Alberta government lawyer Thomas Rothwell said the decision is consistent with the historic evidence that was before the court.

“(Fisher) appears to have confirmed there was an absence of Métis communities in southern Alberta prior to effective control (of Europeans) which was the arrival of the North West Mounted Police,” Rothwell said outside court.

He said the judge did confirm that all aspects of the Powley test have to be met for anyone to exercise an aboriginal right, and that membership in the Métis Nation of Alberta is not sufficient to exercise an aboriginal right.

Meanwhile, Fisher said the hunting charges against Jones were abated as a result of his death. Jones and his common-law wife died in a murder-suicide in October.

[lannie]

Good "judgement" and sound reasoning prevailed !

Sweet!

[walking buffalo]

Nice. Wintering Subsistance Rams are a little bit safer this winter.


I really like this comment by the Judge. Nice judgement to prevent similar organized hunts in the future.

He also ruled that the two hunters involved in the test case, Hirsekorn and Jones, were part of a staged political hunt to try to force the government to renegotiate Métis hunting policy, and as such, they were not hunting for food or ceremonial purposes.

[AxeMan]

Good sound judgement! Kudos to Judge Ted Fisher.
I am a bit surprized by the light fines for hunting out of season and illegal possession of wildlife though but I suppose there was a lot more riding on this case.

[270WIN]

Right on!

[hunt_and_fish]

Great news.

[Ice Fishing Maniac]

Seen it posted online on the Edmonton Journal webpage this morning.

[crazyfish]

Originally Posted by walking buffalo

Nice. Wintering Subsistance Rams are a little bit safer this winter. .

true , but only from the metis, natives would still be allowed i presume.

I do like the sound reasoning behind the verdict !

[mclean]

No surprizes, What can be expected in a provincial court, This court case will now go to the Supreme Court of Canada, just as the Powley case was handled in Ontario, We can Cheer at the outcome of this day in court but the Constitution of Canada does say that the Metis do have hunting rights under section 35 of the constitution act, 1982, recongnizes and affirms the Metis are one of the Aboriginal peoples of Canada and that they have constitutionally protected Aboriginal Rights.
So now a lot more tax payers dollars are now going to be spent on more court cases,

[209x50]

Originally Posted by mclean

No surprizes, What can be expected in a provincial court, This court case will now go to the Supreme Court of Canada, just as the Powley case was handled in Ontario, We can Cheer at the outcome of this day in court but the Constitution of Canada does say that the Metis do have hunting rights under section 35 of the constitution act, 1982, recongnizes and affirms the Metis are one of the Aboriginal peoples of Canada and that they have constitutionally protected Aboriginal Rights.
So now a lot more tax payers dollars are now going to be spent on more court cases,

Yes but the provinces determine where the Metis rights are valid.
Good ruling.

Originally Posted by mclean

No surprizes, What can be expected in a provincial court, This court case will now go to the Supreme Court of Canada, just as the Powley case was handled in Ontario, We can Cheer at the outcome of this day in court but the Constitution of Canada does say that the Metis do have hunting rights under section 35 of the constitution act, 1982, recongnizes and affirms the Metis are one of the Aboriginal peoples of Canada and that they have constitutionally protected Aboriginal Rights.
So now a lot more tax payers dollars are now going to be spent on more court cases,

I wouldn't be so sure. Just because you lose a court case doesn't mean that you get an automatic appeal to a higher court. Powley was pretty clear what rights it granted to the province. Seems to me the crown was well within their rights on this one.

[Caleb]

Great news, but it seems like the judge's ruling is restricted only to Metis hunting in southern Alberta. Central and northern parts of the province outside of the 100 mile (50 mile?) range of Metis settlements don't seem to be covered by his distinction based on historical territory. I'd expect to see certain advocacy groups trying a similar strategy elsewhere in Alberta next.

I'm guessing the judge's decision is very lengthy...much more so than the couple snippets here....be interesting to read it all.

[echo]

Right on

[jts1]

I myself am Metis. I have known people over the years who can use there heritage for privileges that everyone els does not have. I have never agreed with it. What happened 500 years ago has got nothing to do with me now. What makes me so special that I should be able to go out and NOT abide by all the same rules and regulations that all of you do. It seems to me that a lot of people cry about the injustice that has happened to there "people", scream about racism. Its the old saying "Be careful what you wish for. You just might get it"

Kind of confusing that you want equality as long as it comes with perks just for your people. Does that seem like equality? Not to this member of the Metis nation. Am I a racist? You bet I am.. I 100% believe that there are two different kinds of people on this planet....

1) You are an A hole

2) You are not

And trust me The first of the two get treated lesser than the ladder. Just mt 2 cents.

[spot and stock]

I agree great call by the court. I agree with you JTS, and I am on the same playing field as you. The other portion is Scott and wow they been getting it a lot longer than any metis has so quit complaining allready. Time to join society I say.

[Justanotherbuck2]

As most of you know I am Metis, I just returned from Medicine Hat where I attended the ruling brought down by Mr. Fisher whom is a very intellegent and well spoken man. although disappointed in the out come this was only a singular case Crown versus 2 people..Not crown versus the Metis nation of Alberta, perhaps that will be a later case. I don't know. The judge had some very legitimate reasons for his decisions and I for one accept most of them although I may disagree with his time line theory. He did very much so acknowledge Metis settlements at Rocky Mountain house, Tail Creek, Buffalo lake, Calgary and later on in fort Mccleod and several others which are much further south than Mortons claims. It took approx. an hour and a bit for him to read his ruling and reasons for his decision. My guess is this is just the start and we can likely expect further legal challenges. with the Judge establishing historic Metis settlements in these other areas if this case was heard in these areas a different outcome would have been likely( of course not guaranteed) I guess now intelligent people will plan the next steps for the Metis nation of Alberta. And perhaps the Alberta Goverment will show up to the bargaining table and save tax payers alot of Money. When the decision is made public for all to read, please read it was a wonderful history lesson and very informative if not just a little swayed.

[James M]

Originally Posted by getasheep

Fisher chastised the Métis Nation of Alberta for challenging Alberta’s wildlife legislation in criminal court rather than in civil court.

Translated: STOP WASTING MY TIME YOU IDIOTS.

Originally Posted by getasheep

He also ruled that the two hunters involved in the test case, Hirsekorn and Jones, were part of a staged political hunt to try to force the government to renegotiate Métis hunting policy, and as such, they were not hunting for food or ceremonial purposes.

Again, the title poacher should be there seeing how the kills were illegal. Not shocked to see that they are titled "hunters", especially since both guys knew they were illegally killing wildlife.

[Jamie]

I for one would support the Alberta Gov taking this all the way to the mat. Cash be damned. I don’t care how much it costs and I wouldn’t support any sort of "negotiation" The deal has been handed down and if the Metis wish to continue this fight, perhaps the next court will slap the nation or who ever with court costs.

I know that JustaBuck didn’t mean for it to sound the way I read this line
And perhaps the Alberta Goverment will show up to the bargaining table and save tax payers alot of Money.
However I couldn’t help but think of the old line about not negotiating with terrorists. It's almost like a insurance lawsuit. Where the Insurance company just gives in to what the complainant wants in order save $$$ on legal fees.

I also wonder why the supposed "hunters" were not hit with suspensions of their recreational hunting licenses.

Anyhow, it's a step in the right direction and the Citizens of Alberta will prevail in the end.

Jamie

[reelhooker]

I hope beyond imagination that you are a person who is looked at as a leader or have the ability to teach your ways. There are very few metis that I have heard not whinning about caucasions being racists because we expect everyone to follow the same rules for the sake of conservation.
Good on you for having such a clear, thought out stance.
Please teach everyone.
RH

Originally Posted by jts1

I myself am Metis. I have known people over the years who can use there heritage for privileges that everyone els does not have. I have never agreed with it. What happened 500 years ago has got nothing to do with me now. What makes me so special that I should be able to go out and NOT abide by all the same rules and regulations that all of you do. It seems to me that a lot of people cry about the injustice that has happened to there "people", scream about racism. Its the old saying "Be careful what you wish for. You just might get it"

Kind of confusing that you want equality as long as it comes with perks just for your people. Does that seem like equality? Not to this member of the Metis nation. Am I a racist? You bet I am.. I 100% believe that there are two different kinds of people on this planet....

1) You are an A hole

2) You are not

And trust me The first of the two get treated lesser than the ladder. Just mt 2 cents.

[walking buffalo]

I'm sure the Gov. of Alberta will keep the fight up if this case is appealed and the Supreme Court accepts to hear it.

In the Big Picture, this case is not just about harvesting rights of animals. This is a thin wedge into Metis claims for more land, and claims for Forestry and Mineral resource rights.

[Nester]

We'll win the next one

[echo]

Originally Posted by Nester

We'll win the next one

Good luck !!!

[209x50]

And perhaps the Alberta Goverment will show up to the bargaining table and save tax payers alot of Money.

There would be no case if we the people weren't footing the legal bills for the complainants!!

[mulecrazy]

Originally Posted by Nester

We'll win the next one

sounds like a riders fan.....

[jts1]

QUOTE=mulecrazy;750940]sounds like a riders fan.....[/QUOTE]




Right in the baby maker. Good shot

[wolfkilr]

Originally Posted by 209x50

There would be no case if we the people weren't footing the legal bills for the complainants!!

Funny you should mention that. I had coffee with Ron Jones and his partner Corrine this Spring prior to their deaths and Ron thanked me on behalf of the Metis for Alberta Taxpayers footing the bill for this lawsuit. There's the mentality!!!

[Tuc]

Well done your honour!

[Sputnik]

jts1,

I thought I was the only one who used that line that there are only two kinds of people in this world!

The only thing I add is "and everyone has, and some frequently exercise, the right to change type without notice".