The respondent, a Treaty 6 Indian, built a log cabin in a provincial park to use while hunting.
He was convicted under provincial park regulations for building a dwelling without permission.
The Supreme Court of Canada held that the construction of the cabin was reasonably incidental to the respondent's treaty right to hunt, which traditionally involved an expeditionary method requiring shelter.
The provincial regulations conflicted with this treaty right and were therefore inapplicable to the respondent under s. 88 of the Indian Act.
The Crown's appeal was dismissed.
