R v Augustine et al; R v Barlow, 1986 CanLII 3939 (NBCA)

This case was heard in the New Brunswick Court of Appeal. 

The Appellants, Peter Joe Augustine, Gary Augustine and Raymond Garfield Barlow, all Mi’kmaw, had been charged with hunting at night, contrary to New Brunswick's Fish and Wildlife Act. They argued they had Aboriginal and treaty rights to hunt which protected them from prosecution under the Fish and Wildlife Act. This argument had been successful at trial in the New Brunswick Provincial Court, but Provincial Court's acquittal of the defendants was later overturned by the New Brunswick Court of Queen's Bench. 

In this appeal, the question was whether the Court of Queen's Bench had improperly overturned the original acquittal.

The Court of Appeal found that the Provincial Court had made a number of errors and that the Court of Queen's Bench had correctly set aside the initial conviction and entered an acquittal. The appeal was dismissed, and the Court of Appeal directed that the Appellants return to the Provincial Court for sentencing.

View the Decision on CanLII: https://www.canlii.org/en/nb/nbca/doc/1986/1986canlii3939/1986canlii3939.html

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