R v Paul, 1980 CanLII 2819 (NBCA)

This decision was heard in the New Brunswick Court of Appeal. 

The Appellant was a Mi'kmaw man who was found in possession of a beaver pelt without a license or a permit, with the intention to sell it, contrary to New Brunswick's Game Act. He was found guilty at trial and appealed his conviction on the basis that section 88 of the Indian Act protected his treaty right to sell such pelts.

The Court found that the Appellant had the right to sell the pelt according to the Treaty of 1752. The appeal was allowed and the Appellant's conviction was set aside. 

View the Decision on CanLII: https://www.canlii.org/en/nb/nbca/doc/1980/1980canlii2819/1980canlii2819.html

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