MEDICINE HAT — There was toe-tapping and knee-slapping in an Alberta courtroom as the trial of two Metis men accused of breaching provincial hunting regulations resumed Monday.
Garry Hirsekorn and Ron Jones are accused of hunting without a permit after the two took part in separate hunts in 2008 as part of a civil disobedience campaign to push for recognition of Metis rights in Alberta.
The men’s lawyer began with testimony — and music — from Alberta Metis musician Daniel Gervais.
However, Alberta Justice lawyer Thomas Rothwell objected.
“I don’t understand what the relevance is,” he said.
Judge Ted Fisher asked if the Crown was prepared to agree there is a Metis culture. Rothwell said he wasn’t prepared to do so at that time.
“...We are dealing with something a little more than just hunting,” Fisher told court.
In 2003, the Supreme Court ruled that Metis across Canada have the constitutional right to fish, hunt and gather food without a licence.
The ruling also set a legal framework to establish to identify who is Metis and “they have to prove there is a Metis culture in Alberta historically and to the present day,” said Fisher.
Gervais testified to the uniqueness of the aboriginal group’s style of music, then picked up his fiddle to demonstrate, to the delight of those in the court.
Joined by Joseph Blynd and Evelyn Willier, the trio played while many in the gallery tapped their toes, slapped knees and nodded their heads to the music.
Blynd and Gervais explained the meaning of songs such as “Red River Jig” and “Whiskey Before Breakfast” — a mocking tune dedicated to John A. MacDonald — as being an integral part of Metis culture in Alberta.
“It’s what keeps the tradition alive,” said Blynd.
In 2007, the Alberta government backed out of the Interim Metis Harvesting Agreement, which allowed Metis to subsistence hunt throughout the province.
The replacement provisions restricted that right to the northern half of Alberta and the Metis settlements located within that area. None are south of Edmonton.
Testimony from the defence is expected to end on Friday with the Crown’s case beginning next week.
A decision is scheduled for this spring.
A third accused Metis man, Bruce Bates, pled guilty and received a $700 fine.