Mclntyre J.

The appellant appealed her conviction for first degree murder.

The Supreme Court of Canada allowed the appeal and ordered a new trial because the trial judge failed to hold a voir dire on a crucial statement allegedly made by the accused to a police officer.

The Court reaffirmed its previous decision in Erven v. The Queen and held that the curative proviso in section 613(1)(b)(iii) of the Criminal Code did not apply.

The appellant, an Indian, was charged with fishing during a closed season contrary to the federal Fisheries Act.

He argued that clause 13 of the 1929 agreement between Canada and Manitoba gave him the right to fish for food at all seasons.

The trial judge dismissed the charge, but the Court of Appeal reversed the decision, holding that clause 13 only applied to provincial laws.

The Supreme Court of Canada dismissed the appeal, affirming that the agreement did not exempt the appellant from the federal Fisheries Act, following its previous decision in Daniels v. White and The Queen.