R. v. Fullerton (M.), (1996) 182 N.B.R.(2d) 138 (PC)

• Judge: Arsenault, P.C.J.
• Court: Provincial Court of New Brunswick (Canada)
• Case Date: August 27, 1996
• Jurisdiction: New Brunswick
• Citations: (1996), 182 N.B.R.(2d) 138 (PC)

R. v. Fullerton (M.) (1996), 182 N.B.R.(2d) 138 (PC);

    182 R.N.-B(2e) 138; 463 A.P.R. 138

MLB headnote and full text

[French language version follows English language version]

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

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Her Majesty The Queen v. Michael Fullerton

Indexed As: R. v. Fullerton (M.)

New Brunswick Provincial Court

Arsenault, P.C.J.

August 27, 1996.

Summary:

The accused was charged with unlawfully removing timber from Crown lands, contrary to s. 67(1)(b) of the Crown Lands and For­ests Act.

The New Brunswick Provincial Court convicted the accused.

Forests and Forest Products - Topic 5245

Offences - Illegal cutting or removal of timber - Defences - [See first Forests and Forest Products - Topic 5246 ].

Forests and Forest Products - Topic 5246

Offences - Illegal cutting or removal of timber - Removal of timber from Crown lands - The accused was charged with unlawfully removing timber from Crown lands, contrary to s. 67(1)(b) of the Crown Lands and Forests Act - The accused had been driving a half ton jeep with a log loaded on it (bird's eye maple) - The accused, who was not an Indian, had been hired to drive the truck by a Maliseet status Indian who had instructed him not to participate in the cutting or loading of the tree and had told him that the cutting of bird's eye maple was legal - The ac­cused argued that since he had been hired to drive only and was not to touch the log, and since he had been told that the venture was not illegal, he did not possess the required mens rea - The New Bruns­wick Provincial Court rejected the argu­ment and convicted the accused - See par­agraphs 13 to 15.

Forests and Forest Products - Topic 5246

Offences - Illegal cutting or removal of timber - Removal of timber from Crown lands - The accused was charged with unlawfully removing timber from Crown lands (Crown Lands and Forests Act, s. 67(1)(b)) - The accused had been driving a half ton jeep with a log loaded on it - The vehicle was registered to the accused's wife, who was a status Indian - The ac­cused was not an Indian - He had been hired to drive the truck by a Maliseet status Indian who, along with another Maliseet status Indian, was driving in another vehicle on the same highway along with the vehicle driven by the accused - Another Maliseet was a passen­ger with the accused - The New Bruns­wick Prov­incial Court convicted the accused - The court stated that this was not an abor­iginal rights case because the accused was not an In­dian - See para­graphs 10 and 11.

Indians, Inuit and Métis - Topic 6001

Aboriginal rights - General - [See second Forests and Forest Products - Topic 5246 ].

Cases Noticed:

R. v. Paul (P.J.) (1993), 139 N.B.R.(2d) 359; 357 A.P.R. 359 (Prov. Ct.), refd to. [para. 19].

Statutes Noticed:

Crown Lands and Forests Act, S.N.B. 1980, c. C-38.1, sect. 67(1)(b) [para. 1].

Counsel:

Counsel not disclosed.

This case was heard at Bathurst, New Brunswick, before Arsenault, P.C.J., of the New Brunswick Provincial Court, who delivered the following decision on August 27, 1996.