R. v. Daniels (C.A.), (1993) 146 A.R. 383 (ProvCt)

• Judge: Van de Veen, P.C.J.
• Court: Provincial Court of Alberta (Canada)
• Case Date: October 05, 1993
• Citations: (1993), 146 A.R. 383 (ProvCt)

R. v. Daniels (C.A.) (1993), 146 A.R. 383 (ProvCt)

MLB headnote and full text

Her Majesty The Queen v. Chester Archie Daniels

(Docket No. 30390595P10101)

Indexed As: R. v. Daniels (C.A.)

Alberta Provincial Court

Criminal Division

Van de Veen, P.C.J.

October 5, 1993.

Summary:

An accused Indian shot a deer off reserve land. The accused was charged with hunting wildlife during a closed season contrary to s. 27(1) of the Wildlife Act of Alberta.

The Alberta Provincial Court found the accused guilty as charged.

Criminal Law - Topic 2344

Wilful acts respecting property - Cruelty to animals - Causing unnecessary pain and suffering - [See Fish and Game - Topic 890 ].

Fish and Game - Topic 801

Indian, Inuit and Métis rights - General principles - Right to hunt off reserves - [See Fish and Game - Topic 890 ].

Fish and Game - Topic 848

Indian, Inuit and Métis rights - Right to hunt for food - On non-reserve lands - [See Fish and Game - Topic 890 ].

Fish and Game - Topic 890

Indian, Inuit and Métis rights - Hunting by Indians on reserves - Ancillary rights off reserves - An accused was charged with hunting during a closed season contrary to s. 27(1) of the Alberta Wildlife Act - The accused shot and wounded a deer on reserve land which he had a right of access to as a treaty Indian - He followed the deer onto privately owned land, where he shot and killed it without the landowner's per­mission - The land was posted with signs prohibiting trespassing and hunting - The accused asserted that s. 446(1)(a) of the Criminal Code, preventing cruelty to ani­mals, allowed him to enter onto the land to finish the kill - The Alberta Prov­incial Court rejected the assertion and convicted the accused.

Fish and Game - Topic 2386

Hunting offences - Hunting on posted land - Defences - [See Fish and Game - Topic 890 ].

Trials - Topic 1113

Summary convictions - Defences - Con­duct to avoid criminal offence - [See Fish and Game - Topic 890 ].

Cases Noticed:

Cardinal v. Alberta (Attorney General), [1974] S.C.R. 695, refd to. [para. 2].

R. v. Potts et al. (1991), 122 A.R. 261; 84 Alta. L.R.(2d) 326 (Prov. Ct.), not folld. [para. 14].

R. v. Kronberger (1982), 18 Sask.R. 95 (Prov. Ct.), appld. [para. 22].

Statutes Noticed:

Constitution Act 1930, R.S.C. 1985, App. II, generally [para. 2].

Criminal Code, R.S.C. 1985, c. C-46, sect. 446(1)(a) [paras. 12, 13, 21].

Indian Act, R.S.C. 1985, c. I-5, generally [para. 2].

Wildlife Act, R.S.A. 1980, c. W-9, sect. 18 [para. 16]; sect. 20(2) [para. 17]; sect. 27(1) [para. 1]; sect. 38(1) [paras. 22, 23, 24].

Wildlife Act Regulations (Alta.), Reg. 161/74, generally [para. 17].

Wildlife Act Regulations (Sask.), Order-in-Council 1304/81, sect. 22(2) [para. 22].

Counsel:

A. Channer, for the Crown;

S. Olley, for the accused.

This case was heard before Van de Veen, P.C.J., of the Alberta Provincial Court, who delivered judgment on October 5, 1993.