R v Chiasson, 2004 NBQB 80

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

At trial, the appellant, Onil Chiasson, had been convicted of possessing a moose carcass contrary to section 58 of New Brunswick's Fish and Wildlife Act. In his defence, he had argued that his Metis identify gave him an Aboriginal right to hunt that was protected under section 35 of the Constitution Act, 1982. That argument did not succeed because the court held that Mr. Chiasson had not presented enough evidence to establish his claim.

On appeal in the New Brunswick Court of Queen's Bench, Mr. Chiasson relied upon the same argument and presented some additional evidence. Despite that additional evidence, the Court affirmd that Mr. Chiasson had not established that he had a Metis Aboriginal right to hunt where he had been hunting. The Court agreed that Mr. Chiasson had not established that the area where he had been hunting had been occupied historically by a Metis community to which he was connected.

The appellant later sought leave to appeal this decision in Chiasson v. R., 2005 NBCA 82.

View the Decision on CanLII: www.canlii.org/en/nb/nbqb/doc/2004/2004nbqb80/2004nbqb80.html

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