Three status Indians under Treaty No. 8 were convicted of hunting offences under the Alberta Wildlife Act after shooting moose on privately owned lands.
They appealed, arguing the Act infringed their treaty right to hunt for food.
The Supreme Court of Canada held that the Natural Resources Transfer Agreement (NRTA) modified the treaty right, preserving the right to hunt for food on unoccupied Crown lands and other lands to which Indians have a right of access.
The Court found that Indians have a right of access to privately owned lands only if they are not put to a visible use incompatible with hunting.
Two appellants were hunting on visibly used land, so their convictions were upheld.
The third appellant was hunting on unoccupied land, so the licensing requirement constituted a prima facie infringement of his treaty right.
A new trial was ordered to determine if the infringement could be justified under the Sparrow test.
