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Tags: treaty right

www.canlii.org/en/ns/nssc/doc/2013/2013nssc284/2013nssc284.h...

This case was heard in the Nova Scotia Supreme Court.  Section 35 of the Constitution Act, 1982 recognizes and affirms the existing Aboriginal and treaty rights of Aboriginal peoples in Canada. In R v Marshall, 1999 CanLII 665 (SCC) a ...

Category:Case Law

www.canlii.org/en/nl/nlca/doc/2006/2006nlca53/2006nlca53.htm...

This appeal was heard in the Supreme Court of Newfoundland and Labrador, Court of Appeal, and followed the decision in Queen v Drew et al, 2003 NLSCTD 105. This decision came as a result of a previous ruling in which a trial court consider ...

Category:Case Law

www.canlii.org/en/nb/nbqb/doc/2013/2013nbqb271/2013nbqb271.h...

This case was heard in the New Brunswick Court of Queen’s Bench, Trial Division. This case involved an appellant, Henry Smith, who had been charged and convicted of possessing a moose carcass contrary to section 58 of the New Brunswick Fish and Wild ...

Category:Case Law

www.canlii.org/en/nb/nbca/doc/2008/2008nbca42/2008nbca42.htm...

This case was heard in the New Brunswick Court of Appeal, and it followed the decisions in R v Richard Hopper, 2004 NBPC 7, and R c Hopper, 2005 NBBR 399.  The appellant, Richard Hopper, had been charged with unlawful possession of a deer ...

Category:Case Law

www.canlii.org/en/nb/nbca/doc/2007/2007nbca15/2007nbca15.htm...

This case was heard in the New Brunswick Court of Appeal. This case was an appeal which was put forward to determine the legal effect of a stay of proceedings in the case of R. v. Sappier (D.M.) et al. (2004), 273 N.B.R. (2d) 93. In that case, ...

Category:Case Law

www.canlii.org/en/ns/nssc/doc/2016/2016nssc98/2016nssc98.htm...

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 ...

Category:Case Law

www.canlii.org/en/nb/nbqb/doc/2002/2002nbqb19/2002nbqb19.htm...

This case was heard in the New Brunswick Court of Queen’s Bench, Trial Division. At trial, the appellants were found guilty of possessing timber harvested from government-owned land in contravention of the Crown Lands and Forest Act of New Brun ...

Category:Case Law

www.canlii.org/en/nb/nbca/doc/2008/2008nbca22/2008nbca22.htm...

This appeal was heard in the New Brunswick Court of Appeal, following the decisions in Peter-Paul v R, 2007 NBQB 65, R v Peter-Paul, 2007 CanLII 7511 (NB CA), and R v Peter-Paul, 2007 CanLII 36616 (NB CA). At trial, David John Peter-Paul a ...

Category:Case Law

www.canlii.org/en/ns/nspc/doc/2004/2004nspc55/2004nspc55.htm...

This case was heard in the Nova Scotia Provincial Court and followed the motion in R. v. McDonald, 2003 NSPC 34. The Defendant was one of a number of Indigenous fishermen who were charged with obstruction, assault, and uttering threats after fisheri ...

Category:Case Law

www.canlii.org/en/nb/nbca/doc/1986/1986canlii3939/1986canlii...

This case was heard in the New Brunswick Court of Appeal.  The Appellants, Peter Joe Augustine, Gary Augustine and Raymond Garfield Barlow, all Mi’kmaw, had been charged with hunting at night, contrary to New Brunswick's Fish and Wildlife Act. ...

Category:Case Law

www.canlii.org/en/nb/nbqb/doc/2001/2001canlii8103/2001canlii...

This case was heard in the New Brunswick Court of Queen’s Bench. In 1999, Mr. Augustine, Mr. Augustine, and Mr. Dedam were convicted of hunting at night with the assistance of a light in violation of section 33(1)(b) of the New Brunswick Fish and Wi ...

Category:Case Law

www.canlii.org/en/nb/nbqb/doc/2003/2003nbqb457/2003nbqb457.h...

This case was heard in the New Brunswick Court of Queen’s Bench, Trial Division. The Appellant, Moses Francis Barlow, had been charged with violating subsection 32(1)(a) of the New Brunswick Fish and Wildlife Act by hunting deer out of season. ...

Category:Case Law

www.canlii.org/en/nb/nbca/doc/2003/2003nbca55/2003nbca55.htm...

This appeal was heard in the New Brunswick Court of Appeal. The appellant, Joshua Bernard, had been convicted at trial of unlawful possession of timber taken from government lands. At trial, Mr. Bernard had argued that he had a treaty right to harvest ti ...

Category:Case Law

www.canlii.org/en/nb/nbca/doc/2018/2018canlii79786/2018canli...

This motion to appeal the decision in R. v. Eymard Chiasson, 2012 NBPC 14, was heard in the New Brunswick Court of Appeal The Appellant, Mr. Chiasson, was found guilty of being unlawfully in possession of a deer carcass, contrary to New Brunswi ...

Category:Case Law

www.canlii.org/en/nb/nbpc/doc/1983/1983canlii3883/1983canlii...

  This case was heard in the New Brunswick Provincial Court.  The three accused were found in possession of two Atlantic salmon that did not have tags attached to them, which violated section 57(1) of the New Brunswick Fish and Wildlife A ...

Category:Case Law

www.canlii.org/en/ns/nspc/doc/2003/2003nspc20/2003nspc20.htm...

This case was heard in the Nova Scotia Provincial Court. The defendant, Peter Francis, was a Mi’kmaw fisherman engaged in a lobster fishery who had been charged under the Atlantic Fishery Regulations with fishing for lobsters without being auth ...

Category:Case Law

www.canlii.org/en/nb/nbpc/doc/2011/2011nbpc23/2011nbpc23.htm...

This case was hear in the New Brunswick Provincial Court. The defendant, John E. Paul, was charged with unlawfully making improvements on government land by erecting a hunting camp. Mr. Paul was an Indigenous individual of Maliseet descent, and his  ...

Category:Case Law

www.canlii.org/en/nb/nbca/doc/2006/2006nbca68/2006nbca68.htm...

This case was heard in the New Brunswick Court of Appeal.  Mr. Labillois was charged with unlawfully hunting moose during the closed season in violation of section 32(1)(a) of the New Brunswick Fish and Wildlife Act. The trial judge had ac ...

Category:Case Law

www.canlii.org/en/ns/nssc/doc/2002/2002nssc57/2002nssc57.htm...

This appeal was heard in the Nova Scotia Supreme Court, and it followed the decisions in R v Marshall, 2001 NSPC 2, R v Marshall, 2001 CanLII 4996 (NS SC), and R v Marshall, 2001 NSSC 157. The appellants had been convicted at trial fo ...

Category:Case Law

www.canlii.org/en/ns/nsca/doc/1997/1997canlii14992/1997canli...

This case was heard in the Nova Scotia Court of Appeal.   Donald Marshall Jr. was convicted of offences under the federal Fisheries Act, the Maritime Provinces Fishery Regulations, and the Fishery (General) Regulations after catc ...

Category:Case Law