R. v. Chiasson (O.), (2001) 239 N.B.R.(2d) 1 (PC)

• Judge: Arsenault, P.C.J.
• Court: Provincial Court of New Brunswick (Canada)
• Case Date: January 17, 2001
• Jurisdiction: New Brunswick
• Citations: (2001), 239 N.B.R.(2d) 1 (PC)

R. v. Chiasson (O.) (2001), 239 N.B.R.(2d) 1 (PC);

    239 R.N.-B.(2e) 1; 619 A.P.R. 1

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[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

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Temp. Cite: [2001] N.B.R.(2d) TBEd. MR.024

Her Majesty the Queen v. Onil Chiasson

(No. 03161911)

Indexed As: R. v. Chiasson (O.)

New Brunswick Provincial Court

Arsenault, P.C.J.

January 17, 2001.

Summary:

Chiasson was charged with illegal posses­sion of a moose carcass, an offence under s. 58 of the Fish and Wildlife Act. In his defence, Chiasson alleged that he was Métis and therefore was exempt from com­pliance with the Act and regulations.

The New Brunswick Provincial Court re­jected this defence and found him guilty as charged.

Fish and Game - Topic 809

Indian, Inuit and Métis rights - General principles - Treaty rights - Proof of - [See Indians, Inuit and Métis - Topic 6012 ].

Fish and Game - Topic 825

Indian, Inuit and Métis rights - Definitions - Métis defined - [See Indians, Inuit and Métis - Topic 6012 ].

Indians, Inuit and Métis - Topic 2.1

General - Métis defined - [See Indians, Inuit and Métis - Topic 6012 ].

Indians, Inuit and Métis - Topic 6012

Aboriginal rights - General - Proof of - Chiasson was charged with illegal posses­sion of a moose carcass, an offence under s. 58 of the Fish and Wildlife Act - The acts complained of occurred in Bass River - In his defence, Chiasson alleged that he was a Métis and therefore was exempt from compliance with the Act and regula­tions - An Indian ancestor was found in Chiasson's genealogy, in 1720 - The New Brunswick Provincial Court rejected this defence and found him guilty as charged - Although Chiasson was able to establish some Indian ancestry, there was no solid and substantial connection with a tribe to entitle Chiasson to rights under any treaty protected by ss. 25 and 35 of the Constitu­tion Act, 1982 - The Court added that Chiasson had not established that he was a Métis, nor that he had aboriginal rights that should be recognized.

Cases Noticed:

R. v. Fowler (J.) (1993), 134 N.B.R.(2d) 361; 342 A.P.R. 361 (Prov. Ct.), consd. [para. 11].

R. v. Harquail (L.) (1993), 144 N.B.R.(2d) 146; 368 A.P.R. 146 (Prov. Ct.), refd to. [para. 11].

R. v. Marshall (D.J.), Jr., [1999] 3 S.C.R. 533; 247 N.R. 306; 179 N.S.R.(2d) 1; 553 A.P.R. 1; 179 D.L.R.(4th) 193, consd. [para. 14].

R. v. Peter-Paul (T.P.) (1998), 196 N.B.R.(2d) 292; 501 A.P.R. 292 (C.A.), consd. [para. 16].

R. v. Sparrow, [1990] 1 S.C.R. 1075; 111 N.R. 241; 56 C.C.C.(3d) 263; 70 D.L.R.(4th) 385, consd. [para. 17].

Eskimos, Re, [1939] S.C.R. 104, refd to. [para. 20].

R. v. Van der Peet (D.M.), [1996] 2 S.C.R. 507; 200 N.R. 1; 80 B.C.A.C. 1; 130 W.A.C. 1, consd. [para. 24].

R. v. Pamajewon (H.) et al., [1996] 2 S.C.R. 821; 199 N.R. 321; 92 O.A.C. 241, consd. [para. 25].

Statutes Noticed:

Fish and Wildlife Act, S.N.B. 1980, c. F-14.1, sect. 58 [para. 2].

Indian Act, R.S.C. 1985, c. I-5, sect. 12(1)a)(i) [para. 20].

Counsel:

Aurèle Poitras, for the Crown;

Terrence P. Lenihan, for the accused.

This case was heard by Arsenault, P.C.J., of the New Brunswick Provincial Court.

Arsenault, P.C.J., delivered the following decision on January 17, 2001.