This case was heard in the Newfoundland and Labrador Provincial Court.

The case involved an applicant, Herbert Simon, who had previously been convicted under section 5(2) of the Controlled Drugs and Substances Act. His sentence had included a ten-year ban on the use of firearms. In this application, Mr. Simon sought an order to lift the firearm ban so that he could hunt for food. Mr. Simon was a member of the Qalipu Mi’kmaq First Nation Band. Following earlier decisions by the courts in R v Jararuse, 2001 CarswellNfld 339, and R v Allooloo, [2010] NWTJ No 44, the Court adopted a liberal interpretation of the relevant statutory criteria. Even so, the Court concluded that Mr. Simon’s claim failed because it was "premature": in the Court's view, it was not absolutely necessary for Mr. Simon to use a firearm to get game meat. For that reason, the Court dismissed the application.

View the Decision on CanLII: https://www.canlii.org/en/nl/nlpc/doc/2012/2012canlii50869/2012canlii50869.html

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