Chiasson v R, 2005 NBCA 82

This case was heard in the New Brunswick Court of Appeal, and it was a motion to appeal the decision in R. v. Chiasson, 2004 NBQB 80.

The appellant, Onil Chiasson, was charged under section 58 of the New Brunswick Fish and Wildlife Act, which prohibits being in possession of part or all of a moose carcass outside the scope of the authorizations that are granted by the Act. At trial, Mr. Chiasson argued that he had an Aboriginal right to hunt that was protected under section 35 of the Constitution Act, 1982. This argument was rejected at trial, and Mr. Chiasson was convicted.

In this motion to appeal, Mr. Chiasson argued that the trial judge erred by accepting that Mr. Chiasson had Indigenous heritage but holding that Mr. Chiasson had Aboriginal right to hunt because he could not connect himself to a specific Indigenous community that held that right. 

Ultimately, however, the Court held that Mr. Chiasson had failed to obtain the appropriate leave for appeal. Due to that procedural failing, Mr. Chiasson's attempt to appeal the trial decision failed.

View the Decision on CanLII: www.canlii.org/en/nb/nbca/doc/2005/2005nbca82/2005nbca82.html

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