Supreme Court of Canada

McKinney v. The Queen, [1980] 1 S.C.R. 401

Date: 1980-03-25

Dan McKinney Appellant;

and

Her Majesty The Queen Respondent.

1980: March 25.

Present: Laskin C.J. and Martland, Ritchie, Dickson, Beetz, Estey and McIntyre JJ.

ON APPEAL FROM THE COURT OF APPEAL FOR MANITOBA

Indians—Hunting rights—Treaty Indian hunting on privately owned, non-posted property—No right of access—The Wildlife Act, R.S.M. 1970, c. W140—British North America Act, 1930—Natural Resources Agreement, para. 13.

Myran, Meeches et al. v. The Queen, 1975 CanLII 157 (SCC), [1976] 2 S.C.R. 137, applied; R. v. Prince (1963), 1962 CanLII 955 (MB CA), 40 W.W.R. 234, disapproved.

APPEAL from a judgment of the Court of Appeal for Manitoba¹, dismissing the appellant’s appeal from convictions for charges contrary to the Manitoba Wildlife Act. Appeal dismissed.

H.I. Pollock, Q.C., M.B. Nepon and B. Keyser, for the appellant.

A.G. Bowering and M.J. Conklin, for the respondent.

The judgment of the Court was delivered orally by

THE CHIEF JUSTICE—We do not need to hear you, Mr. Bowering and Mr. Conklin. On the findings of fact in this case, we see no reason for interfering with the result reached by the Manitoba Court of Appeal. We adopt as a correct statement of the law what was said obiter by Dickson J. in Myran, Meeches et al. v. The Queen², at p. 145. We agree with the Manitoba Court of Appeal that R. v. Prince³ was wrongly decided. The appeal is dismissed.

[Page 402]

Appeal dismissed.

Solicitors for the appellant: Pollock & Co., Winnipeg.

Solicitor for the respondent: Deputy Attorney-General, Winnipeg.

Footnotes

1. 11979 CanLII 2926 (MB CA), [1979] 2 W.W.R. 545, 46 C.C.C. (2d) 566.
2. 21975 CanLII 157 (SCC), [1976] 2 S.C.R. 137.
3. 3(1963), 1962 CanLII 955 (MB CA), 40 W.W.R. 234.