Thomas R. Braidwood

The appellant, a member of the Musqueam Indian Band, was charged under the Fisheries Act with fishing with a drift net longer than permitted by the Band's Indian food fishing licence.

He defended the charge on the basis that he was exercising an existing aboriginal right to fish and that the net length restriction was inconsistent with s. 35(1) of the Constitution Act, 1982.

The Supreme Court of Canada established a framework for analyzing s. 35(1) claims, holding that an aboriginal right is not extinguished by mere regulation and that any government regulation infringing upon an aboriginal right must be justified.

The Court dismissed the appeal and cross-appeal, ordering a new trial to determine whether the net length restriction constituted a prima facie infringement and, if so, whether it was justified.

The appellant was convicted of second degree murder for the deaths of his two adopted sons, who were found dead on a burning mattress in his town house.

The evidence against the appellant was entirely circumstantial, establishing that the boys were dead before the fire started and that the appellant had exclusive opportunity to commit the crime.

The appellant appealed his conviction, arguing that the verdict was unreasonable under s. 613(1)(a)(i) of the Criminal Code.

The Supreme Court of Canada dismissed the appeal, holding that the Court of Appeal correctly applied the test of whether the verdict is one that a properly instructed jury, acting judicially, could reasonably have rendered.

The Court also found that the Crown's failure to call the appellant's wife as a witness did not render the verdict unreasonable, as there was no evidence she possessed any knowledge of the events.