The appellant, a Mi'kmaq Indian, was charged with fishing without a licence, fishing during the close season with illegal nets, and selling eels without a licence.
He argued that the Treaties of 1760-61 granted him a treaty right to catch and sell fish, exempting him from the regulations.
The Supreme Court of Canada held that the treaties included an implied right to hunt and fish to obtain necessaries (a moderate livelihood) through trade.
The discretionary licensing system and close season under the federal fisheries regulations infringed this treaty right and were not justified.
The appeal was allowed and acquittals were entered.
