The appellant, a registered Micmac Indian, was convicted under the Nova Scotia Lands and Forests Act for possession of a rifle and shotgun cartridges.
He argued that the Treaty of 1752 and s. 88 of the Indian Act provided immunity from prosecution.
The Supreme Court of Canada held that the Treaty of 1752 was validly created, had not been terminated, and constituted a 'treaty' under s. 88 of the Indian Act.
The Court found that the treaty right to hunt included the incidental right to possess a firearm and ammunition safely.
As provincial legislation cannot restrict native treaty rights under s. 88, the appellant was exempt from prosecution.
The appeal was allowed and acquittals entered.
