This application was heard in the New Brunswick Court of Queen’s Bench and followed the decision in Peter-Paul v R, 2007 NBQB 65. 

At trial, the Applicants, David John Peter-Paul and Adam Peter-Paul, had been found guilty of possessing a deer carcass contrary to section 58 of the Fish and Wildlife Act. They argued in their defence that they had a treaty right to hunt. 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 the fines levied on them at trial stayed, and that they be released. 

Following this application, the issues raised at trial were discussed in R v Peter-Paul, 2007 CanLII 36616 (NB CA), and 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/2007/2007canlii7511/2007canlii7511.html

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