Case information
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35558
Garry Ivan Hirsekorn v. Her Majesty the Queen
(Alberta) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2014-01-27 | Close file on Leave | |
| 2014-01-24 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2014-01-24 | Judgment on leave sent to the parties | |
| 2014-01-23 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal of Alberta (Calgary), Number 1101-0297-A, 2013 ABCA 242, dated July 4, 2013, is dismissed without costs. Dismissed, without costs |
|
| 2014-01-08 | Correspondence received from, Henry Brown, re.: comments on summary | Her Majesty the Queen |
| 2014-01-06 | Correspondence received from, Marie-France Major re: Summary | Garry Ivan Hirsekorn |
| 2013-12-23 | Correspondence received from, Henry Brown re: Summary | Her Majesty the Queen |
| 2013-12-16 | All materials on application for leave submitted to the Judges, LeB Ka Wa | |
| 2013-11-07 | Applicant's reply to respondent's argument, (Book Form), service to come (rec'd 2013-11-13), Completed on: 2013-11-13 | Garry Ivan Hirsekorn |
| 2013-10-28 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2013-10-28 | Her Majesty the Queen |
| 2013-10-03 | Correspondence received from, Marie-France Major, letter dated 2013-10-02, re.: new cover page provided to the Court | Garry Ivan Hirsekorn |
| 2013-10-02 | Correspondence received from, Marie-France Major, letter dated 2013-10-02, re.: spelling error in Applicant's name. | Garry Ivan Hirsekorn |
| 2013-09-30 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2013-09-30 | Application for leave to appeal, (Book Form), Completed on: 2013-09-30 | Garry Ivan Hirsekorn |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Hirsekorn, Garry Ivan | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Hirsekorn, Garry Ivan
Counsel
Jason T. Madden
546 Euclid Avenue
Toronto, Ontario
M6G 2T2
Telephone: (416) 916-2989
FAX: (416) 916-3726
Email: jteillet@pstlaw.ca
Agent
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 101
FAX: (613) 695-8580
Email: emeehan@supremeadvocacy.ca
Party: Her Majesty the Queen
Counsel
Angela L. Edgington
10025 - 102A Avenue
10th floor, City Centre Place
Edmonton, Alberta
T5J 2Z2
Telephone: (780) 422-9388
FAX: (780) 643-0852
Email: tom.rothwell@gov.ab.ca
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Summary
Keywords
None.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Aboriginal law — Aboriginal rights — Hunting — Métis — Applicant charged with hunting contrary to provincial statute — Whether Court of Appeal erred in its interpretation and application of R. v. Powley, 2003 SCC 43 to the facts of this case — What is the proper interpretation and application of Powley to prairie Métis — Wildlife Act, R.S.A. 2000, c. W-10
The applicant, Garry Hirsekorn, is Métis. In 2007, he participated in a hunt organized by the Métis Nation of Alberta in response to the Alberta Government’s cancellation of the Interim Métis Harvesting Agreement which had been negotiated and entered into following this Court’s recognition of Métis harvesting rights in R. v. Powley, 2003 SCC 43. During the course of that hunt, the applicant shot a mule deer near Elkwater, a community on the western edge of the Cypress Hills in southeastern Alberta. He was and nineteen other Métis hunters were charged with hunting wildlife outside an open season and being in possession of wildlife without a valid wildlife permit, contrary to ss. 25(1) and 55(1) of the Wildlife Act, R.S.A. 2000, c. W-10. Nineteen other hunters throughout Alberta were charged with various wildlife offences.
The applicant filed a constitutional notice claiming that ss. 25(1) and 55(1) of the Wildlife Act were of no force and effect in their application to him. He defended the charges against him on the ground that, as a Métis person within the meaning of s 35(2) of the Constitution Act, he had an aboriginal right to hunt for food and that the Wildlife Act unjustifiably infringed that right.
The legal proceedings against most of the other Métis hunters were adjourned pending the outcome of the applicant’s case. After a year-long trial, the applicant was convicted on both counts pending against him.
Lower court rulings
Provincial Court of Alberta
A01061852Y-25(1) WA, A01061863Y-55(1) WA, A01062036Y-55(1) WA, A01062040Y-25(1) WA
see file
Court of Queen’s Bench of Alberta
101553758S1, 2011 ABQB 682
see file
Court of Appeal of Alberta (Calgary)
1101-0297-A, 2013 ABCA 242
see file
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
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Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available