R v Castonguay, 2003 NBQB 325

This case was heard at the New Brunswick Court of Queen’s Bench, Trial Division, and was an appeal of the decision in R. v. Castonguay, 2003 NBPC 16.

The Appellants were convicted at trial for offences under New Brunswick's Crown and Forest Lands Act New Brunswick. Specifically, Mr. Faucher was convicted of unlawfully cutting timber on Crown lands, and Mr. Castonguay was convicted of unlawful possession of timber from Crown lands.

At trial, the Appellants had argued that they were Métis with an Aboriginal right to harvest timber as they had done, but the trial court had dismissed their Aboriginal right defence.

The Appellants then appealed to the New Brunswick Court of Queen's Bench. There, the Court of Queen's Bench held that the trial court had not made an error in its judgement, and so the appeal was dismissed.

The decision of the Court of Queen's Bench was appealed in Castonguay and Faucher v. R., 2006 NBCA 43.

View the Decision on CanLII: www.canlii.org/en/nb/nbqb/doc/2003/2003nbqb325/2003nbqb325.html

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