R v Barlow, 2003 NBQB 457

This case was heard in the New Brunswick Court of Queen’s Bench, Trial Division.

The Appellant, Moses Francis Barlow, had been charged with violating subsection 32(1)(a) of the New Brunswick Fish and Wildlife Act by hunting deer out of season. At trial, Mr. Barlow had argued that he had Aboriginal and treaty rights to hunt which were protected by section 35 of the Constitution Act, 1982. The trial judge rejected that defence, and Mr. Barlow was found guilty.

In this appeal, Mr. Barlow argued that the trial judge had erred in deciding the case. He argued that he had a treaty right on the basis of his ancestral connection to the Passamaquoddy people, who were party to a 1760 Treaty of Peace and Friendship which was signed with British authorities. Concerning his asserted Aboriginal right, he argued that the trial court had focused on the wrong evidence when coming to its decision. In addition, he put forward the defence of "officially induced error", arguing that he had an honest belief in his Aboriginal and treaty rights and had been led to believe that he had a legal right to hunt as he had done.

The Court rejected all three of Mr. Barlow's arguments after finding that the trial judge had applied the relevant law correctly to the facts at hand. For that reason, Mr. Barlow's appeal was dismissed.

View the Decision on CanLII: https://www.canlii.org/en/nb/nbqb/doc/2003/2003nbqb457/2003nbqb457.html

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