Supreme Court of Canada: Bernard / Marshall Decision

This appeal deals with two cases.  In Marshall, 35 Mi'kmaq Indians were charged with cutting timber on Crown lands in NS without authorization.  In Bernard, a Mi'kmaq Indian was charged with unlawful possession of spruce logs he was hauling from the cutting site to the local saw mill.  The logs had been cut on Crown lands in New Brunswick.  In both cases, the accused argued that as Mi'kmaq Indians, they were not required to obtain provincial authorization to log because they have a right to log on Crown lands for commercial purposes pursuant to treaty or aboriginal title.  The trial courts entered convictions which were upheld by the summary conviction courts.  The courts of appeal set aside the convictions.  A new trial was ordered in Marshall and an acquittal entered  in Bernard.

The S.C.C. held the appeals should be allowed and the convictions restored.  The cross appeal in Marshall should be dismissed.

R.v. Bernard; R.v. Marshall July 20, 2005