Mark J. Freiman

The Crown sought special leave to appeal from a judgment dismissing its appeal in a provincial offences prosecution arising from unlawful hunting and possession of moose parts.

The respondents had succeeded below on the basis that members of the Métis community of Sault Ste.

Marie held an Aboriginal right to hunt protected by s. 35(1) of the Constitution Act, 1982.

The court held that the proposed appeal raised important questions of law of first impression concerning the application of s. 35(1) to Métis people, that a full evidentiary record existed, and that the public interest favoured appellate review despite submissions urging political resolution and concerns about delay.

Special leave to appeal was granted.

The appellant suffered a neck injury and was rendered a quadriplegic after participating in a dangerous tubing competition at the respondent's ski resort while visibly intoxicated.

The appellant had signed an entry and waiver form without reading it.

The Supreme Court of Canada held that the resort, as the promoter of a dangerous sport, owed a duty of care to take all reasonable steps to prevent a visibly intoxicated person from participating.

The resort failed to discharge this duty.

The Court also found that the appellant did not voluntarily assume the legal risk, and the waiver did not relieve the resort of liability because it was not drawn to his attention.

The trial judge's finding of 25% contributory negligence was upheld.