The accused, Mi'kmaq Indians in Nova Scotia and New Brunswick, were charged with cutting and possessing timber from Crown lands without authorization.
They argued they had a right to log for commercial purposes pursuant to the treaties of 1760-61 and aboriginal title.
The Supreme Court of Canada held that the treaties did not confer a right to commercial logging, as it was not the logical evolution of a traditional Mi'kmaq trading activity.
The Court also held that the accused did not establish aboriginal title to the cutting sites, as the evidence did not show sufficiently regular and exclusive use of the lands at the time of British sovereignty.
The convictions were restored.
