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.
