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ARTICLE · 22 MAY 2018

Agricultural Law Netletter - May 7, 2018

Miller Thomson
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The Saskatchewan Court of Appeal has set aside the decision of a Summary Appeal Court, and reinstated the acquittal of a Treaty Indian ...

CanadaReal Estate and Construction
Brian Kaliel K.C.
Brian Kaliel K.C.
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HIGHLIGHTS

The Saskatchewan Court of Appeal has set aside the decision of a Summary

Appeal Court, and reinstated the acquittal of a Treaty Indian who had been charged with hunting wildlife out of season, and who had killed a moose in a slough on farm land without seeking the permission of the farmer to enter the land. The Court of Appeal reviewed the 1996 decision of the Supreme Court of Canada in R v Badger with respect to the right of Treaty Indians to hunt on private land based on the concept of "visible, incompatible land use" and what this means. Factors related to the nature of the slough, whether there were residences, fences, pasture lands, livestock and cultivated land in the immediate area and whether the land was posted with no hunting or no trespassing signs, were considered. (R. v. Pierone, CALN/2018-012, [2018] S.J. No. 165, Saskatchewan Court of Appeal)

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