The appellants, members of the Tsartlip Indian Band, were convicted under provincial wildlife legislation for hunting at night with an illuminating device.
They appealed, arguing the legislation infringed their right to hunt under the North Saanich Treaty of 1852.
The Supreme Court of Canada allowed the appeal, holding that the treaty right to hunt includes the right to hunt at night with illumination.
The Court found that while the province can regulate safety, the absolute prohibition on night hunting was overbroad and constituted a prima facie infringement of the treaty right.
Consequently, the provincial law could not be incorporated under s. 88 of the Indian Act and was inapplicable to the appellants.
