R. v. Moosehunter, (1981) 9 Sask.R. 149 (SCC)

• Judge: Estey, McIntyre, Chouinard and Lamer, JJ.
• Court: Supreme Court (Canada)
• Case Date: May 11, 1981
• Jurisdiction: Canada (Federal)
• Citations: (1981), 9 Sask.R. 149 (SCC)

R. v. Moosehunter (1981), 9 Sask.R. 149 (SCC)

MLB headnote and full text

R. v. Moosehunter

Indexed As: R. v. Moosehunter

Supreme Court of Canada

Laskin, C.J.C., Martland, Ritchie, Dickson, Beetz,

Estey, McIntyre, Chouinard and Lamer, JJ.

May 11, 1981.

Summary:

This case arose out of a charge against a Saskatchewan Indian of unlawfully hunting in a Wildlife Management Unit contrary to s. 9(a) of the Game Act, R.S.S. 1967, c. 78. The Indian shot a cow moose at a time when there was no open season on any species. The Indian was convicted, but the Saskatchewan District Court allowed his appeal on the ground that the Wildlife Management Unit was unoccupied Crown land to which Indians have a right of access, so Indians were entitled to hunt for food there at all seasons.

The Saskatchewan Court of Appeal allowed the Crown's appeal on the ground that the Wildlife Management Unit was occupied Crown land to which Indians did not have a right of access. The Indian appealed.

The Supreme Court of Canada allowed the appeal and held that the Wildlife Management Unit was land to which Indians had a right of access, so that Indians could hunt there at all seasons for food.

Fish and Game - Topic 843

Indian and Eskimo rights - Right to hunt for food - Extent of right - A Saskatchewan Wildlife Management Unit was open to hunting certain species at certain times - An Indian shot a moose in the Wildlife Management Unit; although there was no moose season at any time and no season for any species at the time - The Supreme Court of Canada held that, because hunting was permitted at times in the Wildlife Management Unit, Indians had a right of access to the land and could hunt for food there at any season under the Saskatchewan-Canada Natural Resources Agreement.

Cases Noticed:

R. v. Sutherland and Wilson (1980), 35 N.R. 361; 7 Man.R.(2d) 359, appld. [para. 10].

Sikyea v. The Queen, [1965] 2 C.C.C. 129, appld. [para. 21].

Statutes Noticed:

British North America Act, 1930 (Imp.), c. 26 [para. 3].

Game Act, R.S.S. 1967, c. 78, sect. 8(1), sect. 8(2) [para. 8]; sect. 9(a) [para. 2].

Natural Resources Agreement between Canada and Province of Saskatchewan, para. 12, S.S. 1930, c. 87; S.C. 1930, c. 41 [para. 3].

Counsel:

R.B. Buglass and Ron Cherkewich, for the appellant;

Murray Brown and Betty Ann Pottruff, for the respondent;

David Sgayias, for the Attorney General of Canada.

This case was heard on March 10, 1981, at Ottawa, Ontario, before LASKIN, C.J.C., MARTLAND, RITCHIE, DICKSON, BEETZ, ESTEY, McINTYRE, CHOUINARD, and LAMER, JJ., of the Supreme Court of Canada.

On May 11, 1981, DICKSON, J., delivered the following judgment for the Supreme Court of Canada: