R v Polches, 2005 NBQB 137

This appeal was heard in the New Brunswick Court of Queen’s Bench, and it followed the decision in R v Polches, 2003 CarswellNB 670.

At trial, Richard Polches, Jason Books, and Jeffrey Polches had been acquitted of the charge of “unlawfully hunting wildlife at night with a light contrary to and in violation of Section 33(1)(b) of the Fish and Wildlife Act.” The accuseds had succesfully argued that they had Aboriginal and treaty rights that allowed them to hunt as they had done. 

In this appeal, the Government of New Brunswick argued that the trial court had erred in acquiting the accuseds. The Court of Queen's Bench held that the trial court had not committed an "palpable and overriding" errors when it came to determining the facts of the case, and it also held that the trial court had not applied any relevant legal rules incorrectly. For these reasons, the appeal was dismissed.

These issues came before the courts again in: R. v. Polches et al., 2006 NBCA 50/Richard Polches, Jason Brooks and Jeffrey Polches v. Her Majesty the Queen, 2007 CanLII 1153 (SCC),R. v. Polches, 2007 CanLII 4847 (NB CA), and R. v. Polches et al., 2008 NBCA 1/Richard Polches, Jason Brooks and Jeffrey Polches v. Her Majesty the Queen, 2008 CanLII 23446 (SCC).

View the Decision on CanLII: https://www.canlii.org/en/nb/nbqb/doc/2005/2005nbqb137/2005nbqb137.html

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