Ria Tzimas

The applicants, appealing their convictions, sought disclosure or production of band lists used by the Court Services Division to prepare jury rolls in the Kenora District and Simcoe County.

They argued the lists were necessary to demonstrate systemic underrepresentation of First Nations persons on the jury rolls, which violated their Charter rights.

The Court of Appeal granted the application, finding that the requested records met the 'likely relevant' test for third-party production under O'Connor, as they could be used to test the statements of Crown deponents and understand the jury roll preparation process.

The appellants, members of the Walpole Island First Nation, were convicted of hunting without a licence in the Robinson-Superior Treaty territory.

They argued they were sheltering under the treaty rights of the Michipicoten First Nation, an Ojibway community that is a signatory to the treaty.

The Court of Appeal held that while Aboriginal persons can shelter under another First Nation's treaty rights if supported by custom, the appellants failed to establish they had obtained the necessary communal consent in advance to share in the harvesting resource.

The appeal was dismissed.

The appellant, a member of the Aroland First Nation (Treaty 9), was charged with hunting moose without a licence in Treaty 3 territory.

He argued he had a constitutionally protected right to hunt there because he was married to a member of the Lac Seul First Nation (Treaty 3) and had been accepted into that community.

The justice of the peace acquitted him, but the appeal judge entered a conviction.

The Court of Appeal allowed the appeal and restored the acquittal, finding that the appellant was entitled to shelter under Treaty 3 rights as he was hunting in accordance with Ojibway custom and had been accepted by the Treaty 3 community to share in their harvest.

The Attorney General of Ontario brought a motion to stay an order of a motion judge pending appeal.

The motion judge had refused to dissolve an injunction prohibiting protestors from occupying land, even though the land had been purchased by the Province of Ontario, until criminal contempt proceedings were disposed of.

The Court of Appeal granted a stay of the paragraph continuing the injunction, finding a serious issue as to its validity, irreparable harm to the public interest and land claim negotiations, and that the balance of convenience favoured a stay.

The court declined to stay the paragraph referring the contempt matter to the Attorney General for carriage.