R v Augustine, 2001 CanLII 8103 (NB QB)
This case was heard in the New Brunswick Court of Queen’s Bench.
In 1999, Mr. Augustine, Mr. Augustine, and Mr. Dedam were convicted of hunting at night with the assistance of a light in violation of section 33(1)(b) of the New Brunswick Fish and Wildlife Act. They appealed this decision, arguing that the trial judge had erred in concluding that hunting at night with a light was not a reasonable exercise of their treaty right to hunt. They also argued that the trial judge erred in concluding that the Fish and Wildlife Act could justifiably infringe their treaty right to hunt.
In the current case, the Court looked at prior authorities to decided that a treaty right to hunt implied hunting in a reasonable manner that did not threaten the safety of other people. It found that hunting at night with the aid of a light was inherently dangerous, which meant that this practice was not a reasonable exercise of a treaty right to hunt. Further, the Court decided that provincial Acts containing provisions that prohibit hunting at night with the aid of a light, such as the Fish and Wildlife Act, did not infringe upon treaty rights unreasonably. Requiring Indigenous hunters to hunt with due regard for the safety of others was not an infringement on those hunters’ right to hunt for food.
The Court found that hunting at night with the aid of a light was not exercising a treaty right in a safe manner with due regard to the safety of others. The Court dismissed the appeal.
View the Decision on CanLII: https://www.canlii.org/en/nb/nbqb/doc/2001/2001canlii8103/2001canlii8103.html
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