This case was heard in the Provincial Court of New Brunswick. 

The defendant, Daniel Daigle, was charged under section 67(2) of the Crown Lands and Forests Act for possessing timber that had come from Crown land. Mr. Daigle was not an Indigenous person, but he had been helping an Indigenous friend to transport the timber. 

At the time of the alleged offence, the New Brunswick Government had a policy that allowed non-Indigenous persons to help Indigenous persons who were harvesting wood on Crown land, but the policy only allowed for help with transportation, not with the actual cutting of the wood. In his defence, the accused argued that the policy allowed him to do what he had done.

The Court held that the policy only applied when timber was being harvested for personal use, and the Court held further that the timber in question had not been harvested for that reason. Ultimately, the accused was convicted as charged.

View the Decision on CanLII: www.canlii.org/en/nb/nbpc/doc/2006/2006nbpc1/2006nbpc1.html

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