Deborah L. Carlson

The appellant, a Manitoba Métis, was convicted of hunting deer out of season on unoccupied Crown land.

He appealed his conviction on the basis that, as a Métis, he was immune from conviction under provincial wildlife regulations because he had a constitutional right to hunt for food under paragraph 13 of the Manitoba Natural Resources Transfer Agreement (NRTA), which protects the hunting rights of 'Indians'.

The Supreme Court of Canada dismissed the appeal, holding that the term 'Indians' in paragraph 13 of the NRTA does not include the Métis, based on the historical context, the language used at the time of enactment, and the provision's objectives.

The accused was charged with sexual assault and sexual interference against his nine-year-old granddaughter.

At trial, the Crown introduced a videotaped interview of the complainant pursuant to s. 715.1 of the Criminal Code.

The accused challenged the constitutionality of the provision, arguing it violated his rights to a fair trial and fundamental justice under ss. 7 and 11(d) of the Charter.

The Supreme Court of Canada upheld the constitutionality of s. 715.1, finding that it does not offend the rules against hearsay or prior consistent statements, nor does it violate the right to cross-examine, as the complainant must adopt the video contents while testifying.

The Court emphasized the need to accommodate child witnesses in the justice system and reinstated the accused's conviction.

Following the 1985 Reference re Manitoba Language Rights decision, a dispute arose regarding which instruments had to be translated to comply with s. 23 of the Manitoba Act, 1870.

The Supreme Court of Canada held that s. 23 applies to orders in council of a legislative nature, determined by their form, content, and effect.

The Court also held that documents incorporated by reference in legislation must be translated if the primary instrument is legislative, the incorporation is true, and the document was generated by the government, unless there is a bona fide reason for incorporation without translation.

The period of temporary validity for unilingual Acts was extended.