R. v. Horse, [1988] 2 C.N.L.R. 112, [1988] 1 S.C.R. 197

Description

The appellants were charged under the Saskatchewan Wildlife Act for using a spotlight while hunting. The appellants were hunting on privately owned lands. There was no posting on the lands with respect to hunting or trespassing. The appellants were Treaty Indians hunting for food. At issue was whether a right of access to the lands for the purpose of hunting arose from The Wildlife Act, from Treaty No. 6 or from custom and usage, therefore providing immunity from prosecution through paragraph 12 of the Saskatchewan Natural Resources Transfer Agreement. This document is the factum of the Crown.