R. v. Francis, 2010 NBQB 75 (CanLII)

This case was heard in the New Brunswick Court of Queen's Bench (Trial Division).

The respondents in this case were convicted in the New Brunswick Court of Queen’s Bench for unlawful possession of timber taken from Crown lands. The respondents were Aboriginal men with Aboriginal and treaty rights, and although their Aboriginal and treaty rights made it lawful for them to harvest timber for personal use, the harvesting of timber for commercial use was prohibited.

Upon conviction, the respondents had been referred to the Provincial Court for sentencing. There, the Provincial Court ordered that the respondents should be released without penalty, as they had been charged and convicted at a time when the law concerning Aboriginal rights to timber were in flux. The Crown appealed to the Court of the Queen’s Bench, arguing that the Provincial Court had erred in choosing not to impose a fine. After considering the lower court’s reasons and the relevant law and legal principles, the Court of Queen’s Bench held that the lower court had not erred in choosing to release the respondents without penalty, and it dismissed the Crown’s appeal.

View the Decision on CanLII: www.canlii.org/en/nb/nbqb/doc/2010/2010nbqb75/2010nbqb75.html

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