R. v. Dedam, Sommerville and Ward, (1983) 51 N.B.R.(2d) 347 (PC)

• Judge: Bertrand, P.C.J.
• Court: Provincial Court of New Brunswick (Canada)
• Case Date: January 20, 1983
• Jurisdiction: New Brunswick
• Citations: (1983), 51 N.B.R.(2d) 347 (PC)

R. v. Dedam (1983), 51 N.B.R.(2d) 347 (PC);

    51 R.N.-B.(2e) 347; 134 A.P.R. 347

MLB headnote and full text

Sommaire et texte intégral

R. v. Dedam, Sommerville and Ward

Indexed As: R. v. Dedam, Sommerville and Ward

Répertorié: R. v. Dedam, Sommerville and Ward

New Brunswick Provincial Court

Bertrand, P.C.J.

July 25, 1983.

Summary:

Résumé:

Three Indian accused were charged with unlawful possession of salmon contrary to s. 57(1) of the Fish and Wildlife Act, S.N.B. 1980, c. F-14.1. They were Micmacs from the Burnt Church Indian Reserve and were caught on the Tabusintac Indian Reserve with the fish. The accused pleaded that they were entitled to fish on an Indian Reserve under the Treaty of 1779.

The New Brunswick Provincial Court acquitted the accused and held that their right as Micmacs to hunt and fish on Micmac reserves was protected by the Treaty of 1779.

Fish and Game - Topic 970

Indian and Inuit rights - Right to fish - On reserves - Statutory regulation of - The New Brunswick Provincial Court held that the Fish and Wildlife Act, S.N.B. 1980, c. F-14.1, was inapplicable to Micmac Indians hunting and fishing on their reserves.

Indians, Inuit and Métis - Topic 4406

Treaties - When applicable - The New Brunswick Provincial Court held that the Treaty of 1779 was applicable to a Micmac Indian from the Burnt Church Indian Reserve fishing on the Tabusintac Indian Reserve, because the Treaty specifically applied to Micmac Indians between Cape Tormentine and Bay de Chaleur.

Indians, Inuit and Métis - Topic 4408

Treaties - Where applicable - The New Brunswick Provincial Court held that the Treaty of 1779 was applicable by its terms to Micmac Indians on the east coast of New Brunswick and protected their right to hunt and fish, but only on present day Micmac reserves.

Indians, Inuit and Métis - Topic 6266

Government of Indians - What laws govern - Provincial laws of general application - The New Brunswick Provincial Court held that the New Brunswick Fish and Wildlife Act was a law of general application and was binding on Micmac Indians off reserves - The court held that the Treaty of 1779 protected the right of Micmac Indians to hunt and fish on their reserves.

Cases Noticed:

R. v. Paul (1980), 30 N.B.R.(2d) 545; 70 A.P.R. 545; 54 C.C.C.(2d) 506, appld. [para. 17].

R. v. Polchies and Paul (1982), 43 N.B.R.(2d) 449; 113 A.P.R. 449, appld. [para. 22].

Statutes Noticed:

Fish and Wildlife Act, S.N.B. 1980, c. F-14.1, sect. 57(1).

Indian Act, R.S.C. 1970, c. I-6, sect. 88 [para. 11].

Proclamation of 1763 [para. 22].

Treaty of 1779 [para. 13].

Counsel:

Fred Ferguson, for the Crown;

Graydon Nicholas, for the accused.

This case was heard on January 20, 1983, at Tracadie, N.B., before Bertrand, P.C.J., of the New Brunswick Provincial Court, who delivered the following judgment on July 25, 1983: