Legal Pleadings | ilclegalpleadings.usask.ca

: R. v. Jacko, 2000 ABCA 142; Issue as to whether the Natural Resources Transfer Agreement (NRTA) has the effect of extinguishing the treaty protection of the right to hunt commercially. The Court held that the NRTA does indeed have this effect. This is the Factum of the Appellants.

: R. v. Keepness, [2001] 2 C.N.L.R. 240 (Sask. Q.B.), rev’g [2000] 2 C.N.L.R. 195 (Sask. Prov. Ct.); Mr. Keepness was charged with trafficking wildlife in contradiction to the provincial Wildlife Act. Mr. Keepness is member of Treaty 4. The Crown is appealing the decision that the act does not apply to reserve territory.

: R. v. Keepness, [2001] 2 C.N.L.R. 240 (Sask. Q.B.), rev’g [2000] 2 C.N.L.R. 195 (Sask. Prov. Ct.); Mr. Keepness was charged with trafficking wildlife in contradiction to the provincial Wildlife Act. Mr. Keepness is member of Treaty 4. The Crown is appealing the decision that the act does not apply to reserve territory.

: R. v. Lavigne, [2005] 3 C.N.L.R. 176; The defendant was charged with hunting in a closed season and without a license. The Defendant claims that he has an Aboriginal right to hunt for food based on the fact that he is an Indian. The Defendant was a member of the Aboriginal Peoples Council, but not a member of a Band._x000D_\ Note: the date of this submission is estimated.

: R. v. Laviolette, [2005] SKPC 70; A Métis person from Meadow lake was charged for fishing at Green Lake, Saskatchewan. The accused is originally from Green Lake, but has a Métis card from the Meadow Lake local and resides at Flying Dust First Nation. He was charged for violating s 13.1 of the The Fisheries Regulations. This document is the Crown's Brief of Law.

: R. v. Laviolette, [2005] SKPC 70; A Métis person from Meadow lake was charged for fishing at Green Lake, Saskatchewan. The accused is originally from Green Lake, but has a Métis card from the Meadow Lake local and resides at Flying Dust First Nation. He was charged for violating s 13.1 of the The Fisheries Regulations.

: R. v. Laviolette, [2005] SKPC 70; A Métis person from Meadow lake was charged for fishing at Green Lake, Saskatchewan. The accused is originally from Green Lake, but has a Métiscard from the Meadow Lake local and resides at Flying Dust First Nation. He was charged for violating s 13.1 of the The Fisheries Regulations. This is the transcripts from the trial -- it is missing vols. 5 and 7. Dates are from October 4, 2004 -December 14, 2004

: R. v. Lewis, [1993] 4 C.N.L.R. 98 (B.C.C.A.), rev'g [[1989] 4 C.N.L.R. 133 (B.C. Co. Ct.).; Question addressed in this factum is whether the bed and banks of the river are part of the First Nation's reserve land.

: R. v. Logan; The Appellant Stephen Henry Logan was in a car accident. The Appellant's brother was killed in the accident. Both were Aboriginal from the Moravian Town Reserve. Blood samples were taken from Mr. Logan at the hospital and one was set aside for police. The police returned with a search warrant to obtain the blood sample. The sample showed that the Appellant had a blood level \over 80\". At issue is whether the Crown proved beyond reasonable doubt that the Appellant was driving and if his impairment affected his driving. Further, was whether the Crown could prove the continuity of the blood samples taken from the Appellant."

: R. v. Logan; The Appellant Stephen Henry Logan was in a car accident. The Appellant's brother was killed in the accident. Both were Aboriginal Canadians from the Moravian Town Reserve. Blood samples were taken from Mr. Logan at the hospital and one was set aside for police. The police returned with a search warrant to obtain the blood sample. The sample showed that the Appellant had a blood level \over 80\". At issue is whether the Crown proved beyond reasonable doubt that the Appellant was driving and if his impairment affected his driving. Further, was whether the Crown could prove the continuity of the blood samples taken from the Appellant."

: R. v. Manyfingers; The accused pleaded guilty to assaulting her husband. She was living on a reserve, both the Crown and the accused's lawyer wanted alternative sentencing measures incorporated.

: R. v. Marshall (motion for rehearing and stay), [1999] 4 C.N.L.R. 301 (S.C.C.); Response by the Crown for an Application for a Rehearing of the appeal. The Crown opposes a rehearing of the appeal.