This application was heard in the New Brunswick Court of Queen’s Bench and followed the decisions in Peter-Paul v R, 2007 NBQB 65 and R v Peter-Paul, 2007 CanLII 7511 (NB CA). 

At trial, the Applicants, David John Peter-Paul and Adam Peter-Paul, were found guilty of possessing a deer carcass contrary to section 58 of New Brunswick's Fish and Wildlife Act. They argued in their defence that they had a treaty right to hunt, but this argument failed at trial and at the first appeal before the New Brunswick Court of Queen’s Bench. At the first appeal, the court ordered, pending the appeal before the New Brunswick Court of Appeal, that both men have their fines stayed, and that they be released. 

In this application to the New Brunswick Court of Appeal, David and Adam Peter-Paul were again ordered to be released until the appeal before the court in R v Peter-Paul, 2007 CanLII 7511 (NBCA) was decided. This release was conditional on both men signing a document that they would show up to the disposition.

Following this motion, the issues raised at trial were brought forward in Peter-Paul v R, 2008 NBCA 22 / David John Peter-Paul and Adam Peter-Paul v Her Majesty the Queen, 2008 CanLII 39160 (SCC).

View the Decision on CanLII: https://www.canlii.org/en/nb/nbca/doc/2007/2007canlii36616/2007canlii36616.html

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