R. v. Reynolds (M.P.), (2016) 448 N.B.R.(2d) 399 (CA)

• Judge: Richard, Green and French, JJ.A.
• Court: Court of Appeal (New Brunswick)
• Case Date: April 12, 2016
• Jurisdiction: New Brunswick
• Citations: (2016), 448 N.B.R.(2d) 399 (CA);2016 NBCA 25

R. v. Reynolds (M.P.) (2016), 448 N.B.R.(2d) 399 (CA);

    448 R.N.-B.(2e) 399; 1179 A.P.R. 399

MLB headnote and full text

Sommaire et texte intégral

[French language version follows English language version]

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

.........................

Temp. Cite: [2016] N.B.R.(2d) TBEd. MY.023

Renvoi temp.: [2016] N.B.R.(2d) TBEd. MY.023

Her Majesty the Queen (appellant) v. Michael Paul Reynolds (respondent)

(5-16-CA; 2016 NBCA 25)

Indexed As: R. v. Reynolds (M.P.)

Répertorié: R. v. Reynolds (M.P.)

New Brunswick Court of Appeal

Richard, Green and French, JJ.A.

May 19, 2016.

Summary:

Résumé:

The accused, an aboriginal and member of the Woodstock First Nation, shot a moose within the territory of his aboriginal community and traded it to a non-aboriginal person in return for a motor vehicle. The non-aboriginal person was convicted of unlawful possession of the moose carcass (Fish and Wildlife Act, s. 58). The accused was charged as a party. The accused entered a plea of not guilty and applied to have the charges stayed on the basis that they violated his constitutionally recognized aboriginal treaty right to obtain necessaries through hunting and fishing by trading the products of those traditional activities.

The New Brunswick Provincial Court granted the stay. The Crown appealed.

The New Brunswick Court of Queen's Bench, Trial Division (summary conviction appeal court), in a decision reported 445 N.B.R.(2d) 36; 1166 A.P.R. 36, dismissed the appeal. The Crown applied for leave to appeal and, in the meantime, moved for an order that the precedential value of the decision of the summary conviction appeal court be stayed pending appeal.

The New Brunswick Court of Appeal dismissed the motion for the stay pending appeal.

Practice - Topic 8971

Appeals - Stay of proceedings pending appeal - Stay of precedential value of decision pending appeal - [See Trials - Topic 1191.1 ].

Trials - Topic 1191.1

Summary convictions - Appeals - Stay of proceedings pending - The accused, an aboriginal and member of the Woodstock First Nation, was charged with unlawful possession of a moose carcass (Fish and Wildlife Act, s. 58) - He sought a stay on the basis that the charges violated his constitutionally recognized aboriginal treaty rights - A provincial court judge granted the stay - The Crown appealed - The summary conviction appeal court dismissed the appeal - The trial judge properly concluded that a summary conviction prosecution in the Provincial Court was not the appropriate forum for determining the aboriginal treaty issues in this case and he was justified in granting the stay on that basis - The Crown applied for leave to appeal and sought a stay pending appeal (i.e., a stay of the precedential value of the summary conviction appeal court's decision pending appeal because of other cases before the provincial courts) - The New Brunswick Court of Appeal refused to grant the stay - The court queried whether it had the power to stay the precedential value of a decision - Even if it had that power, the court found that it was not appropriate grant such an order in this case.

Counsel:

Avocats:

Kathryn Gregory and William B. Richards, for the appellant;

Maria Henheffer, Q.C., and Elaina S. Campbell, for the respondent.

This appeal was heard on April 12, 2016, before Richard, Green and French, JJ.A., of the New Brunswick Court of Appeal. The following decision was delivered by the court, in both official languages, on May 19, 2016.