First part of Métis hunting trial ends

First part of Métis hunting trial ends

http://www.medicinehatnews.com/content/view/99578/65/

ALEX MCCUAIG
amccuaig@medicinehatnews.com

After seven days of testimony from Métis community members in a Medicine Hat provincial courtroom filled with maps, the first session in the trial of three men accused of hunting without a license has come to an end.
Métis witnesses from Lac la Biche, Bonneyville, Manyberries, Medicine Hat, Pincher Creek and other Alberta municipalities described how they and their families have hunted in the province for decades. Many could trace their backgrounds to 1885 North West Rebellion battlefields such as Duck Lake, Batoche and Cut Knife.

Garry Hirsekorn, Ron Jones and Bruce Bates all currently stand charged with hunting without a license.

While the three self-described Métis men on trial have admitted to hunting without a license during a protest hunt in late 2007, they are arguing they had the constitutional right to do so.

The Alberta government contends the three accused do not meet the conditions of the Powley Decision — a Supreme Court ruling which gives a legal framework for identifying who is Metis and therefore where they can hunt.

In 2003, the Supreme Court ruled that Metis across Canada have the constitutional right to fish, hunt and gather food without a license.

However, in January 2007, the Alberta government restricted harvesting rights to areas within a radius of eight recognized Metis settlements and 17 communities.

None was south of Edmonton.

Outside the courtroom, the men’s lawyer, Jean Teillet, said the goal of the trial is to see the accused’s aboriginal rights acknowledged.

“On one level it is about proving Métis have hunting rights. On another, it’s about getting some recognition for Métis people in Canada.”

Teillet said the government has no problem giving that recognition in the same way they do other ethnic groups but, “the idea the Métis have aboriginal rights to use the land in a different way, they resist that.”

She expects if the men win their case, the province won’t look to appeal due to the fact higher court decisions will have a binding effect on other provinces.

The Crown attorney arguing the province’s case, Thomas Rothwell, said the prosecution is about the issue of Métis rights in southern Alberta.

“It’s the central issue and the court will have to make a ruling on that. When the ruling comes out we’ll study it carefully.”

Four more sessions are scheduled between September and January with a decision expected to be rendered by May 2010.