Kenneth E. Staroszik

The appellant, a Treaty 8 Indian, killed a grizzly bear in self-defence while hunting for food.

A year later, in financial need, he obtained a licence and sold the hide.

He was charged with trafficking in wildlife under the provincial Wildlife Act.

The Supreme Court of Canada held that while Treaty 8 originally protected commercial hunting, the 1930 Natural Resources Transfer Agreement restricted this to hunting for food.

The sale of the hide was a commercial act, not hunting for food, and therefore the provincial prohibition applied.

The appeal was dismissed, though a stay of proceedings was ordered due to the unique circumstances.

The appellant tribal council appealed a decision holding that the Energy Resources Conservation Board lacked jurisdiction to impose an affirmative action program for native employment as a condition of approving a tar sands project.

The Supreme Court of Canada dismissed the appeal, finding that the Board's statutory mandate was limited to the regulation of energy resources and did not extend to social welfare or affirmative action programs.

While not strictly necessary to decide, several justices noted that such an affirmative action program would not violate provincial human rights legislation.