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The Supreme Court held that non-Canadian residents can assert s. 35(1) Aboriginal rights where they are modern successors of a people that occupied Canadian territory at contact.
Appeal dismissed and acquittal affirmed because (1) the bear was shot on inland waters within provincial territorial limits and therefore provincial wildlife legislation applied, and (2) on the facts found by the trial judge the accused established the due diligence defence on the balance of probabilities; errors by the trial judge regarding classification of polar bears and the burden of proof did not change this outcome.
Source excerpt
The Court of Appeal held that a provincial order limiting motorized conveyances on navigable waters was ultra vires to that extent and read it down.
The Supreme Court of Canada held that British Columbia's Wildlife Act applied to non-treaty Indians hunting off reserve on unoccupied Crown land, and dismissed the appeals.
The Supreme Court of Canada held that Alberta’s Wildlife Act applied to a treaty Indian on a reserve under s. 12 of the Alberta Natural Resources Agreement.
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