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Supreme Court won't hear Alberta Metis hunting rights appeal http://www.vancouversun.com/news/Supreme+Court+wont+hear+A...

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Supreme Court won't hear Alberta Metis hunting rights appeal

By The Canadian Press January 23, 2014

OTTAWA - The Supreme Court of Canada has refused to hear an appeal involving Metis hunting and fishing rights in Alberta.

The Metis Nation of Alberta had filed arguments on behalf of hunter Garry Hirsekorn that challenged a lower court ruling that restricted huntingrights to around northern Metis settlements.

The arguments focused on a Supreme Court ruling 10 years ago that granted Ontario Metis hunting rights.

Hirsekorn was convicted in 2010 of hunting out of season after he shot a mule deer near the Cypress Hills in southeastern Alberta.

The Alberta Court of Appeal upheld the conviction, saying there wasn't enough proof that Metis had a historic presence in southern Alberta thatgranted them a right to hunt for food.

The Metis Nation argued that buffalo hunters were nomads who rarely, or never, returned to established communities.

The organization had been using the Hirsekorn case to press Alberta to recognize Metis hunting rights across the province.

Hirsekorn's lawyers had argued that the courts should expand the definition of the Supreme Court's Powley test case, which established thebenchmark for Metis rights.

The Powley ruling requires that Metis who claim constitutional aboriginal hunting rights need to prove there were established communities in anarea before the Metis came under the effective control of European laws and customs.

Lower-court judges concluded that Hirsekorn's lawyers failed to prove that the Metis had a significant long-standing historic presence in theCypress Hills where he shot the deer.

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#vansun360 challenge: road trip · 2014-03-21 · #vansun360 challenge: road trip... this week...

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