This was a motion made as a result of the appeal of the decision in R v Paul, 2013 NSPC 75 put forward in Paul v. R.,2016 NSSC 99, and it was heard in the Nova Scotia Supreme Court.

The appellants, Aaron Paul and Charles Francis, had been found guilty at trial of "deer jacking", violating section 68 of the Nova Scotia Wildlife Act. In this motion, the appellants sought to add as a ground to their appeal that the trial judge had erred by failing to properly consider the role of the honour of the Crown  and the fiduciary duty owed by government towards First Nations when government makes decisions that impact Aboriginal and treaty rights. Both appellants were Mi'kmaq.

The Court found there was insufficient evidence to support adding this issue to the appeal. It held that there would have to be evidence of exceptional circumstances to warrant the inclusion of the accusation that the government acted in bad faith. It also held that the issues already raised for the appeal made the addition unnecessary, as, practically speaking, the issue was already addressed. For these reasons, the motion to add an additional ground to the appeal in Paul v. R., 2016 NSSC 99 was denied.