This case was an appeal of the decision made in R. v. Francis, 2008 NBQB 161, and it was heard in the Court of Appeal of New Brunswick.
The appellants, Robert Francis, Romeo Francis, and Alvery Paul, all Mi’kmaw individuals, had been charged with unlawfully possessing timber harvested from Crown land. At trial, they were all acquitted on the basis of having an Aboriginal right to harvest timber for personal use, but, when the Crown appealed to the New Brunswick Court of Queen's Bench, the accused men were convicted on the grounds that there had been insufficient evidence to support their position.
At this appeal, the Court ultimately decided that the decision made in R. v. Francis, 2008 NBQB 161 was correct. Relying on R. v. Sappier,  2 C.N.L.R. 294, the Court found that the trial judge had erred in setting the evidentiary burden the appellants had to meet to prove their right to personal use of the timber. At trial, the appellants had not been asked to give evidence themselves; instead, the trial judge had accepted that the provincial government's failure to regulate in this areas was proof of the right.
The Court of Appeal upheld the decision of the Court of Queen's Bench, and it dismissed the appellants' appeal.