On January 24, 2014, the Supreme Court of Canada dismissed a
leave to appeal application in a Métis rights case from
Alberta. As a result, the Alberta Court of Appeal's
decision, which upheld a finding that the existence of a
rights-bearing Métis community in southern Alberta had not
been established on the facts, remains the binding authority in
Alberta.
Background
The case arose out of efforts by the Métis Nation of
Alberta to seek recognition of the existence of Métis
communities in Alberta with constitutionally protected Aboriginal
rights. When efforts to reach a negotiated agreement with the
Government of Alberta failed, the Métis Nation of Alberta
decided to mount a test case to have those rights recognized by the
courts. Garry Hirsekorn, an Alberta Métis, shot a mule
deer on the western edge of the Cypress Hills, in southeastern
Alberta, in the fall of 2007. Mr Hirsekorn was duly charged
with hunting deer outside of open season without a permit,
