The respondents, treaty Indians, were convicted of hunting deer at night with spotlights in a wildlife management area.
The convictions were upheld by the County Court but overturned by the Court of Appeal, which found s. 49 of The Wildlife Act ultra vires.
The Supreme Court of Canada dismissed the Crown's appeal, holding that s. 49 is ultra vires because it singles out Indians and attempts to unilaterally amend the Natural Resources Transfer Agreement.
The Court further held that since the province allowed limited hunting in the area, Indians had a right of access to hunt for food at all seasons under paragraph 13 of the Agreement.