The appellants, Treaty Indians, were convicted of hunting wildlife with a spotlight on privately owned land without the owners' permission, contrary to the Saskatchewan Wildlife Act.
They appealed, arguing they had a right of access to the lands for hunting under the Wildlife Act, Treaty No. 6, or custom and usage, which would exempt them from prosecution under the Natural Resources Transfer Agreement.
The Supreme Court of Canada dismissed the appeal, finding that the Wildlife Act does not create a statutory right of access to private lands, no custom or usage was proven, and Treaty No. 6 does not grant a right to hunt on occupied private lands.
