The intervener, the West Nova Fishermen's Coalition, applied for a rehearing of the appeal and a stay of the Court's September 17, 1999 judgment which acquitted the accused based on Mi'kmaq treaty rights.
The Coalition sought a new trial to allow the Crown to justify licensing and closed season restrictions on conservation grounds.
The Supreme Court of Canada dismissed the motion, holding that while it has jurisdiction to entertain an intervener's application for a rehearing in exceptional circumstances, none existed here.
The Court clarified that its previous judgment did not hold that treaty rights cannot be regulated, but rather that the Crown had not attempted to justify the regulations in this specific prosecution.
