Graydon Nicholas

The appellant was convicted under the New Brunswick Motor Vehicle Act for failing to yield the right-of-way while driving on an Indian reserve.

He appealed, arguing that he could only be charged under the federal Indian Reserve Traffic Regulations.

The Supreme Court of Canada dismissed the appeal, holding that provincial motor vehicle laws of general application apply ex proprio vigore on Indian reserves in the absence of conflicting federal legislation.

The Court found no conflict between the provincial Act and the federal regulations, as the federal regulations merely incorporated provincial laws by reference without demonstrating an intent to exclusively cover the field.

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.