The appellant, a status Indian and member of the Hiawatha Band, was convicted of fishing out of season contrary to the Ontario Fishery Regulations.
He appealed, arguing that he had an existing treaty right to fish under section 35(1) of the Constitution Act, 1982.
The Supreme Court of Canada dismissed the appeal, upholding the lower courts' findings that the 1923 Treaty, which contained a broad 'basket clause', validly extinguished the Band's fishing rights in the Otonabee River area.
The Court found no ambiguity in the treaty and concluded that the signatories understood its terms.
